Archived
How are 401k plans divided in a divorce action in Westchester County in the State of New York?
Kristen's answer
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Answered on August 02, 2012
It's a formula based upon the length of the marriage and the amount accrued in each plan during the marriage.
Archived
Can I use bank statement to demonstrate my "before marriage property"?
Kristen's answer
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Answered on August 02, 2012
Sure. But all it will prove is that the account is marital property. Once it's in joint names it's presumed to be jointly owned.
Archived
NY. Can I use the divorce forms "without children" being neither one of us has physical custody of our 17 year old daughter
Kristen's answer
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Answered on August 02, 2012
No.
Archived
How can I apply for a free divorce I found out my marriage was fraud just for a visa i found out that he has another wife.
Kristen's answer
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Answered on August 01, 2012
You sue for a declaration that your marriage was null and void. Whether there is anything more by way of a claim would require a detailed review of...
Archived
Do I need to be concerned?
Kristen's answer
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Answered on August 01, 2012
If she files a petition, you'll have to respond to it and perhaps make some arrangements for visitaiton. Otherwise it seems like little more than...
Archived
List the major "no fault" grounds for divorce
Kristen's answer
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Answered on August 01, 2012
No fault *is* the grounds.
Archived
Is there any legal consequence to putting my husband's things out? He moved out 6 weeks ago and hasn't come to get his things.
Kristen's answer
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Answered on August 01, 2012
It is a relatively foolish thing to do, and will certainly complicate your divorce case .
Archived
Divorcing husband who does not provide financially for his kids, but won't allow me to relocate. How do I relocate to family?
Kristen's answer
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Answered on August 01, 2012
You'll need an order from your local court. Consult a local attorney and discuss the
Archived
What happens if the finalized paper work hasn't been signed or submitted to the court is my divorce finale?
Kristen's answer
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Answered on August 01, 2012
If papers are not filed in a timely fashion the Court may take action up to an including dismissing your case. You should speak to your lawyers ASAP.
Archived
My ex is unemployed again ( 2nd time since divorce in 2008) Can child support be set based on bank accts/401K? He has 350,000?
Kristen's answer
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Answered on August 01, 2012
You should discuss your options in detail with a local family law attorney. Some courts will impute income to an individual who intentionally stays...
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