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Kristen Prata Browde
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Kristen Browde’s Answers

13,038 total


  • Divorce Agreement through Mediation

    We are working with a mediator on a separation agreement which will include joint custody of the children and no alimony or child support given similar incomes. Once the agreement is finalized, can a spouse change any of the financial aspects of t...

    Kristen’s Answer

    Under some circumstances it's possible. But that's one of the problems with mediators - they may not be attorneys and don't always understand the issues...

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  • When separating from a spouse, who is to move out? I'm male and want to move out but don't want for it to be held against me....

    Wife and I fight daily and although it never gets physical, gets extremely loud in front of our children. Divorce and separation have been threatened by both parties before, but for some reason never comes about. This time I want to take action an...

    Kristen’s Answer

    If you have a lawyer you should discuss your specific situation with that attorney - none of us has the level of detail necessary to answer the question fully. But if there are children involved there are certainly issues raised by leaving that can be significant insofar as custody is concerned.

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  • If the person against whom you had claims moves out. How can you sue him ?

    I have a defamation claim to file against my owner. I only recently came to know that he sold out his property and business and moved to a neighbor state. I can't sue him as the limitation one year can apply ...

    Kristen’s Answer

    The statute of limitations applies without respect to where the individual resides. Also, you can sue him without regard to where he currently resides, however, collection of any judgment may be more difficult if you sue in a court in which there is no direct jurisdiction over the defendant's assets.

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  • Being divorced or legally separated does that change the law in regards to me changing a beneficiary without spouse signing off

    I am deciding whether to divorce or getting legally separated I have an IRA I want to change the beneficiary

    Kristen’s Answer

    Both health insurance and retirement assets are critical considerations in deciding whether to divorce as opposed to separate legally. Which is the better choice in your situation is something you should discuss in detail with a local attorney.

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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...

    Kristen’s Answer

    She can request anything she wants, but alimony is not going to be awarded. If you weren't married none of the rules of equitable distribution or support apply. However, if there were promises made some of them may be enforceable.

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  • Being threatened of a libel lawsuit-- should I worry?

    I have a blog and posted examples from a graphic designer who I don't get along with on my blog. All I posted were examples of his work and very obvious examples of work he has copied. Very intricate logos that are identical to other logos. I d...

    Kristen’s Answer

    Without knowing what the specific words are it's hard to tell if you have any exposure. In any event, pulling the post will not eliminate liability, if there is any, but may limit damages.

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  • Can I get a divorce even though my spouse doesn't want to?

    Four months ago I got married to a guy who I thought was perfect. However things immediately went south when I caught him having sex with his "sister" in the ladies room during our reception dinner. I wanted to leave him but both of our parents co...

    Kristen’s Answer

    Yes, you can get a divorce without his consent. He does have to be given proper notice - and consulting an attorney is a good idea.

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  • How long does a husband and wife need to be living separately to file for divorce? What is the whole process?

    A family member is having trouble in their marriage. They have a son. The husband has had an alcohol problem. The wife wants a divorce from him. The mother wants to keep the child as well as the husband is not capable economically in addition to ...

    Kristen’s Answer

    There is no requirement of a separation before divorce. You can get one even if you're still living together.

    Her first step should be to contact an attorney who handles divorces and have a discussion about her specific situation.

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  • Can the judge allow witnesses in divorce case when the opposite lawyer declared them just about a week before divorce trial?

    The pretrial conference for divorce was the time before which all the discovery and witness list was supposed to be given but the opposite lawyer declared about the witnesses just a week before the trial. If my lawyer objects at the trial will the...

    Kristen’s Answer

    If you have a lawyer that attorney should know when and how to object. What the court will do with any objection depends upon the judge and the circumstances.

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