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Kristen P. Browde
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Kristen Browde’s Answers

13,036 total


  • How much does she get i believe she gets the percentage we were married while I was working only

    In new York I am married 11 years fwas married Aug 2005 started working for Verizon 1983 retired June 2010 I have an IRA and I am getting divorced how much of the IRA us she entitled to

    Kristen’s Answer

    The answer isn't in a percentage. Instead you have to analyze the contributions to the IRA and the earnings on those contributions. When were they made? How much was made before the marriage or after the divorce case began? Were there any withdrawals during the marriage?

    All those questions go into an analysis of equitable share.

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  • Is my ex entitled to anything from my fathers estate if he died during the divorce process?

    I filed for divorce in 3/2014, my dad passed in 8/2014. My mom is still living and everything went to her when my dad died. Our divorce was final 7/2015. He is now calling the estate lawyer to check on status of the estate and if I inherited...

    Kristen’s Answer

    Only if something specific was left to him. Inheritances are separate property, not subject to equitable distribution.

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  • How long it take to get final divorce after it's signed ?

    The e-courts website shows the case as disposed on 02/24/2016 with Uncont Mat Judgment Granted , so is there any time-frame when it will be final and is there any way to get final asap ? , it was filed in NewYork County clerk

    Kristen’s Answer

    If it was disposed on 2/24 the judgment should be at the County Clerk's office available for copying by one or both of the parties.

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  • How should I handle filing for an at-fault divorce so I am prepared & on record if I can't resolve her adultery & mental abuse?

    After an extended period of unemployed pursuit to advance my career as an artist - with support from my wife - which ended badly with me depressed, my wife finally agreed with me that I should find a job. Within 4 days, she wanted me to move out. ...

    Kristen’s Answer

    This isn't going to be the answer you'd want, but the fact is there is nothing you can do to "protect" yourself from a divorce. If your spouse wants a divorce your spouse can get one.

    On economic issues there may be some protection, but that depends on what the asset picture is.

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  • Competitor Constantly Harassing Us : Unfair Competition, Defamation

    We run an online business. Our main competitor is in the USA. We are in the UK. Since our entrance into the market earlier this year, our main competitor has been emailing our web hosts, suppliers, and other stakeholders claiming that: 1) W...

    Kristen’s Answer

    The first question to be answered is: where is your competitor located.?

    If it's in New York you can retain counsel here and file an action for defamation. The process can be lengthy, and the advisability of it will depend upon the chance of recovery - how financially strong your competitor is, and upon whether you wish to get involved in a US based court battle.

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  • 8 months of marriage with no legal separation. Can we use uncontested divorce in NY? What evidence is required?

    Re: Uncontested divorce in New York City. It says “Your marriage has been over for at least 6 months and your relationship can't be saved.” How do we show that? What evidence is required? Is a legal separation required? Is there a minimum tim...

    Kristen’s Answer

    Yes, an uncontested divorce is an option. You'll probably want a local attorney to handle the paperwork.

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  • If i get a lawyer will i have to start my whole process over?

    During my divorce i filed papers myself and he defaulted. So i prceeded with it. My papers was sent back saying i needed work done to them.

    Kristen’s Answer

    That's hard to say without seeing the papers. But a quick analysis by a local attorney should allow a quick answer.

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  • Does she have a right to kick me out? Did I have to leave?

    My wife told me to leave but we are married and have a child together we lived in an apartment together going on a couple years now to not argue I picked up my things and left also I'm not on the lease as well.

    Kristen’s Answer

    Who's on the lease isn't the issue. Absent a court order, no, she can't tell you to leave your child and home.

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  • Should I file an updated financial affidavit? Now. Or after determination of my unemployment benefits. Any other advise?

    Been sep'd from wife for 1 1/2 years. Was married 29 years, she is a 20/20/15 military spouse. She will not agree to any proposal to a settlement. The only asset is her car that I pay for, and her non-profit Horse Rescue in her name. I also pay...

    Kristen’s Answer

    Of course. Presumably your loss of employment will be a factor in your case -- though you can expect questions as to what you're doing to get a new job.

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  • See above.

    I recently divorced my wife, and understand that California is a community property state. Meaning, I owe half her debts. It sucks, because one of the main reasons I divorced her is because she was financially stupid, and opened accounts I didn'...

    Kristen’s Answer

    This is going to be particularly fact specific - you should consult a local attorney and discuss in detail how/when the loans were obtained... but the fact that she obtained them by lying on an application will likely have little to do with a liability decision.

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