Archived
Can I regain custody? I have supervised visits once a week but I have proof they don't supervise, I pick him up drop him off.
David's answer
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Answered on October 01, 2015
If you only have supervised visits 1/week, it's unlikely the Court will give you custody (without more). If reality is that you have unsupervised...
Archived
Divorce finances
David's answer
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Answered on September 28, 2015
Preliminarily, the "family" wouldn't have a claim to anything from your Father - only your mother would within the context of the divorce. That...
Archived
Hi
I got married in Las Vegas in 2009. By default which is the Matrimonial Regime there at the time?
David's answer
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Answered on September 26, 2015
Are you asking in what state should you file the divorce case? If so, you can generally file in New York so long as you satisfy one of the...
Archived
If I am to file a divorce in NY a year from now,, and I had some money in my account, which was a gift from my parents towards
David's answer
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Answered on September 26, 2015
You're always free to transfer assets prior to a divorce being filed - especially if its from one of your accounts into another one of your...
Whom should I put down on my witness list for possible divorce financial trial?
David's answer
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Answered on September 26, 2015
You should generally list all witnesses who are even possibly going to be called - you're not then under an obligation to call all of them if you...
Archived
How to divorce and whether to divorce your husband if he is abusive and you are scared? Should one try to get a divorce or wait?
David's answer
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Answered on September 26, 2015
You ultimately don't need either his signature or consent in order to get divorced. The only question in that event is where the proper country...
Archived
What will I likely get for support, legal fees award?
David's answer
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Answered on September 26, 2015
Assuming his income is easy to document, you should receive both child support & spousal support. On an interim basis, the Court may generally...
Archived
Which date’s assets value to use for equitable distribution?
David's answer
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Answered on September 26, 2015
You may argue that the Judge should use date of trial if the investments went down in value. You'd have the burden of proving they went down in...
If I remarry can my ex get child support lowered as my new marriage would increase my household income?
David's answer
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Answered on September 26, 2015
No - generally your new spouse's income would not be a factor in calculating child support. It's only conceivable as a factor if combined parental...
Archived
Do I need a lawyer to appeal a case from family court. I have docket #to appeal it.
David's answer
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Answered on September 25, 2015
You don't necessarily need a lawyer - but it's highly advisable that you have one. Moreover, if you request your lawyer to file the appeal, he...