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Do we need a traditional divorce and if so how do we go about this? It would be uncontested.
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Answered on February 16, 2016
It doesn't matter where in the world you were married, it only matters that you're currently a NY resident (& have ben for at least 2 years) and...
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What can i do?
David's answer
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Answered on February 16, 2016
My best advise is to strongly consider hiring a private attorney. In the Bronx many offer a sliding scale based on income. The next question...
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If a signed affidavit of Defendant has been signed and notarized but not filed, what are her rights in wanting to contest it now
David's answer
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Answered on February 16, 2016
Theoretically, she could hire an attorney to file a motion to vacate the affidavit. That doesn't prevent you from proceeding to file it & getting...
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Can my wife claim this property as part of the equitable distribution settlement, or this is left off the table.
David's answer
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Answered on February 16, 2016
Unless you put your wife's name on the title, then it's generally your separate property. That said, if you used marital funds to pay down the...
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What is the likelyhood of a judge granting me full custody considering the facts I've listed?
David's answer
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Answered on February 16, 2016
One would think based on the information you've provided that you have a very good chance of getting sole custody. Since the child is already in...
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Divorce and never received equitable distribution.
David's answer
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Answered on February 10, 2016
First, you may need to send a default notice letter to your ex-spouse, depending on the provisions within your settlement papers. Second, you...
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Are alimony and maintanance the same thing? and if the ex remarries do those payments end/
David's answer
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Answered on February 10, 2016
In NY, the proper term is "maintenance," but many other states call it "alimony." It generally means the same thing - the financial support of an...
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What are my rights? can I decline to answer questions (i.e. do you take antidepressants?)
Thanks
David's answer
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Answered on February 10, 2016
While you do have a right to decline to participate, your refusal may hurt your boyfriend in his case. Generally, forensic evaluators seek to...
Can a divorced wife sue her abusive ex-husband for the years of physical and emotional abuse that she was forced to endure?
David's answer
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Answered on February 10, 2016
She could possibly sue, but intentional torts (which this would be a form of) generally have a 1-year statute of limitations. This means any acts...
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Isn't this violating my restraining order?
David's answer
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Answered on February 10, 2016
Merely filing court process isn't necessarily "harassment." If it' frivolous, you can move for sanctions and/or counsel fees. Unless third-party...