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Brian Daniel Perskin
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Brian Perskin’s Answers

1,150 total


  • What am I entitled to as part of a joint marital settlement?

    While we were married, my ex-husband was in a near-fatal motorcycle accident. I missed weeks of work to sit with him and support him throughout his recovery. A couple of years later we decided to get divorced. I know that the date of separation...

    Brian’s Answer

    Personal injury awards are the sole property of the party who is granted the money, unless the funds were co-mingled during marriage. You are divorced, and do not have a right to your ex's settlement.

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  • Is my divorce legal???

    Back in 2014 my husband and I were both living in NY and he filed for divorce... We tried counseling and decided to try it one more time... He called the lawyer and said to drop the divorce... During that time we RELOCATED to Massachuttes (2015) ...

    Brian’s Answer

    If both you and your spouse maintained a residence in MA, then neither party is a resident of NY. A divorce action can not be filed here.

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  • How can I have my son interviewed by Childrens' Services if I am not the custodial parent and my ex-wife refuses to allow it?

    My ex-wife's father has recently been accused of sexually molesting his 6-year old granddaughter. I have come to learn that my son (10) has either also been touched or has learned this behavior from him because the 6-year old (his cousin) has inf...

    Brian’s Answer

    This is a very serious matter. Contact child services and file a complaint. They will follow up and speak with your son.

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  • My police officer husband if 23 years wants a divorce

    I have been married to a police officer for 23 years well he told me he wanted a divorce because he didn't live me anymore I could have handled that but come to find out he had been seeing a good mutual friend for over a year and they are together...

    Brian’s Answer

    Contact a lawyer in Knoxville, many offer free consultations, and may even be willing to work out a payment plan. Ask if you can petition the court for your husband to pay your legal fees (or, at least, a portion of them).

    If your husband was the primary breadwinner, you may also be entitled to spousal support.

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  • Do I bring an action in Supreme Ct, as that's where the stipulation was executed, and it is the higher court, or in Family Ct?

    I have not seen my children in 3 months. There is a support order which was incorporated into a stipulation which me and my ex executed in a NY Supreme Court, and it was so ordered by the judge there. The only thing my ex understands is $, and thi...

    Brian’s Answer

    Do not withhold child support. The court will frown upon you doing so. Continue to pay, and speak to an attorney about filing an enforcement petition.

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  • Can an attorney that I have consulted about a divorce, but not hired, be retained by my spouse.

    I went for a consultation and personal matters were discussed regarding my spouse and the reasons I wanted a divorce. Information and situations were discussed about my finances and the fact that I felt I was being emotional abused by my spouse. ...

    Brian’s Answer

    This is a conflict of interest. The attorney, or the firm he or she works for, should not represent your husband without your consent.

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  • In the state of Michigan can I divorce my husband if i'm pregnant.

    I'm currently interested in filing for divorce from my husband of 3 1/2 years, we have a 1 1/2 year old and I'm 8 weeks pregnant with our second child can I file for divorce now or do I have to wait until the baby is born.

    Brian’s Answer

    Yes, you can file now. I do urge you to speak with a lawyer, though, since a custody action will need to be filed, as well.

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  • Can ex fiance / girlfriend request separation of assets if there were no marriage certificates in NY ?

    I' ve been staying with my ex fiance for about 5 years. We have just separated 3 months ago. and I have a daughter with her of 4 years. We had church ceremony blessing, but I have not signed a formal marriage certificate with her. and I have not s...

    Brian’s Answer

    She will be unsuccessful in her attempt to be awarded alimony, or a portion of your assets. However, she can file a child custody and support action. You will probably have to pay child support, assuming she is awarded primary custody.

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  • How much would a simple divorce cost? No children, just a small house we share. Can I get alimony?

    Just differences we cannot get past. No abuse. He pays most of the bills. We have no kids. Small house in LaVergne. I don't know if he wants to keep it or sell it, but I will move out. Is it smart to move out prior to divorce?

    Brian’s Answer

    You need to consult with a local divorce attorney. Prices vary, and the lawyers on Avvo will be unable to provide answers without much more information.

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  • How do I respond to a divorce? He cheated, moved with her 7 months ago. Can I stop the divorce? I saw the case in his clerk

    My husband left me for another woman, after being married a year, & together for 3.

    Brian’s Answer

    You can not stop the divorce. If he wants it, he will get it.

    Speak to a local divorce attorney once you are served with the Summons.

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