Archived
What time do i have to serve the papers on the defendant (divorce)? what if you have to serve them again?
David's answer
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Answered on November 28, 2014
Generally you have up to 4 months to serve the papers after the case has been filed. The Court has discretion - and often does - overlook this...
Archived
If you are filing for divorce and the defendant lives in the Dominican Republic, can he sign and notarize with any attorney
David's answer
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Answered on November 28, 2014
I'm unaware of a specific rule stating the notary must be at the U.S. Consulate. This isn't a "Hague" situation where service must be done through...
Archived
Can a noncustodial parent take the child out of their home state if the custodial parent is not comfortable with it.
David's answer
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Answered on November 26, 2014
Unless you have a court order of visitation, then what visitation takes place is upon consent of both parties. In other words, if you don't agree...
Archived
Violation of court visitations
David's answer
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Answered on November 26, 2014
A police report won't really accomplish anything, since what the father did isn't a "crime." At the least, you should document the alleged...
Which date is the legal date of divorce.. The date executed by the judge or the date entered in the county clerk office?
David's answer
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Answered on November 26, 2014
The date the judgment of divorce is entered in the county clerk's office is the official "date of divorce." Schedule a consult with a...
Archived
What does "with investment gains and losses at the time of division" mean
David's answer
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Answered on November 26, 2014
The answer depends on where your pulling that language from - if it's quoting a judgment or agreement, then it appears that the value in the plan...
Archived
What form would it be? And whats the process For termination of parental rights based on abandonement?
David's answer
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Answered on November 26, 2014
There are no court forms to do so simply because it cannot be done outside of the context of an adoption proceeding. NY has a strong public policy...
Archived
Can i legally stop child support for a child 19 yrs old not in college or working?
David's answer
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Answered on November 26, 2014
If you cannot serve the mother, then you would need to hire a private investigator to either locate her or conduct a diligent search. That said,...
Archived
Living in NY 15yrs, but moved to FL for 11 mos. We are back. Can my wife take my son to FL if she files divorce in FL?
David's answer
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Answered on November 26, 2014
Certainly if you allow her to go to Florida, that state will likely be the home state of the child. Thus, you should make clear now (and in...
Archived
How do you pay for child support?
David's answer
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Answered on November 26, 2014
The Court can do one of 2 things: (a) enter an order based on his ability to earn income, or (b) continue the minimum order for a set period of...