Can my husband use the same attorney in our divorce case that represented me in a previous child custody battle with my ex.?
Brian's answer
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Answered on May 05, 2015
This seems like a conflict of interest. Unless you have given your permission, this attorney should not represent your husband. Definitely bring...
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I'm 7 mos pregnant and want to divorce my husband due to abandonment and abuse. In NY, can I file for an uncontested divorce?
Brian's answer
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Answered on May 04, 2015
As stated previously, your husband will be presumed to be the child's father. You will not be able to get divorced before the child is born, so...
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My wife and I are looking towards a divorce, neither one of us has filed for one yet, but she has moved out for over a month now
Brian's answer
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Answered on May 04, 2015
You would first have to hire an attorney and file a Summons before making such a motion. Filing a Summons would open a divorce case, and your wife...
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Do I have to be resident of a state to file?
Brian's answer
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Answered on April 30, 2015
You need to file in the county in which you live. This means NC has jurisdiction.
Divorce by Publication is tricky and can be expensive. You...
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Do I need to make final payment before court appearance?
Brian's answer
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Answered on April 30, 2015
This is pretty standard. Your attorney runs the risk of you not paying her after the court date if she doesn't collect payment before the...
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I have a question regarding pet custody & restraining orders. I reside in Queens County, New York City. Need assistance asap.
Brian's answer
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Answered on April 30, 2015
In NY, pets are property. It sounds like the animals are your property, and you are entitled to them.
If your brother is threatening your life,...
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My girlfriend is pursuin child support, does she need a lawyer?
Brian's answer
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Answered on April 29, 2015
If you have to ask if you (or your girlfriend) needs a lawyer, then the answer is always "yes". Child custody cases can bring out the worst in...
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Would the courts recommend supervised visits?
Brian's answer
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Answered on April 29, 2015
If the court thinks that supervised visitation will be in the best interest of the child, then that is what they will order.
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Can my wife use past substance abuse to keep me from seeing my kids.
Brian's answer
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Answered on April 29, 2015
No, she can't. You have every right to see your children and build/maintain a relationship with them. Do you currently have an Order regarding...
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I have been seperate from my husband since 2003. I would like a divorce but he has moved to another state and I can not find him
Brian's answer
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Answered on April 29, 2015
Filing is the easy part- getting him served is where the situation gets tricky. Its possible to petition the courts for alternative forms of...
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