Skip to main content
Andrew Joseph Spinnell
Avvo
Pro

Andrew Spinnell’s Answers

27 total

  • My spouse moved out of our home 2 months ago after 30 years and has not given me any money.

    One of my 4 kids still lives at home and has 3 more years of college so we had been paying her car,payment,insurance, phone and living expenses. We also have a mortgage and other house bills. I cannot pay this on my own as my income is approx 24,0...

    Andrew’s Answer

    Yes your husband cannot legally leave without continuing to support your college aged child , and you including all the carrying charges on the house. You can either file for divorce immediately and apply for temporary maintenance ( alimony) and child support or you can go to Family Court for the same relief if you still want to stay married. Supreme Court is the venue for divorce actions.

    See question 
  • Is it possible to open up a signed divorce decree a year later and re evaluate if you feel it was unfair?

    There was inheritance granted to my ex husband during our 27 year marriage and then during the divorce my father suddenly passes away.......so my ex husband thinks that should have changed the settlement and I should not receive what I was suppose...

    Andrew’s Answer

    Inherited monies and/or property are separate property of the heir. Thus an inheritance after the divorce agreement was signed is not sufficient ground to open up the agreement to modify it.

    See question 
  • How can I divorce my husband if he's currently in prison?

    He's been in prison for almost a year and I would like to know what I need to do in order to send him the divorce paper. How much will it cost?

    Andrew’s Answer

    • Selected as best answer

    Of course you can divorce him if you have a legitimate ground. The easiest is irretrievable breakdown - for the past 6 months the marriage is broken. File the summons with notice for divorce and then serve him in prison by the appropriate means.

    See question 
  • When a divorce lawyer is not an appeal lawyer (s/he does not do appeals), is this usually normal? Is it ok to go with such a

    lawyer in very contested divorce? Thank you.

    Andrew’s Answer

    I agree that the retained divorce attorney who knows your case best should be able to do the appeal but if he does not usually do appeals you should retain an appellate attorney. Perfecting an appeal is specialized and all attorneys are not familiar and skilled to do it.

    See question 
  • Can i sue my landlord i have been having mold in my apartment for 3yrs and they done nothing for me and my 3 boys

    i also have crack and buckling walls and mold and cockroaches due too the condition of the roof i have picture of my 3 year old playing with the plaster from the wall my boy are suffering from the mold they have allergies,cough,congestion,runny no...

    Andrew’s Answer

    You have a good personal injury case for you and the children because of mold. Please call the office at 2126840317.
    Andrew Spinnell

    See question 
  • Can I leave my moms house in the mornings while on a court ordered curfew?

    I'm 18 years old and I have a court ordered curfew at my moms house where I don't even live at. She lied on me and now Im on probation. Her and my uncle keeps me in the house saying I'm not allowed to go home until they say, I was just wondering i...

    Andrew’s Answer

    I agree. you need to read the terms of the probation order to determine when you have to be in the house. You also must have a probation officer who can best answer this question.

    See question 
  • My wife fell in the parking lot of a McDonald's in VA (8/12) & ended up braking her foot & requiring surgery. Can we sue?

    It occurred during a torrential rainstorm while we were returning to NY from a vacation. She slipped on an arrow that is painted on the ground for the drive-through line while walking across the parking lot to our car. There were no treads in th...

    Andrew’s Answer

    You can sue in federal court in New York if you sue for more than $75000 which is certainly possible with the serious injury that was sustained. An expert engineer in VA can be retained to investigate the site and make a report of the dangerous conditions. Our office can assist you if you wish.
    Andrew Spinnell

    See question 
  • My husband is lock up been for like 20 yrs i need to know how to go about it

    davidsonsalema@GMAIL.com

    Andrew’s Answer

    I agree with the answers given; imprisonment is a ground for divorce. Retain an attorney in your area and commence a divorce action and arrange to have him served in prison

    See question 
  • My husband applied for a divorce and I'm a green card holder only for 2 months.

    My husband applied for a divorce and I'm a green card holder only for 2 months. We are merried for 8 months.We got merried in church in my country 3 months ago.I went for Christmas to see my family for 10 days and 3 days as I been there he called ...

    Andrew’s Answer

    • Selected as best answer

    You have rights to stay in the apartment since there has not been any physical altercations or police report. You can also apply for temporary support asap. consult a divorce lawyer or call mu office for representation'
    Andrew Spinnell

    See question 
  • Went to court but cant proceed because i didnt have a lawyer and moms disability,she couldnt go.

    we proceeded with the holdover eviction and mother who is the landlord wasnt able to go they told us to get a lawyer to represent her,im looking for services which arent to expensive.

    Andrew’s Answer

    Call our office at 2126840317 and we will help. An experienced landlord tenant attorney in court with you will certainly help you.

    See question