Archived
401K Equitable Distribution question - what is actually considered in the distribution? interest earned or all the money?
David's answer
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Answered on May 15, 2014
Generally it is the total amount accrued, including interest, during the marriage which is subject to distribution. If your husband wishes to...
Archived
Ex lover is threatening to interfere with child visitation rights
David's answer
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Answered on May 15, 2014
She would generally not have standing to file anything in terms of custody or visitation. The most I see happening is that she'd call in a CPS...
Archived
Will a judge give 50-50 custody when forensic and law guardian disagree?
David's answer
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Answered on May 15, 2014
While many Law Guardians push for joint or shared custody, they do so from the standpoint that a trial is likely to antagonize the parties against...
Archived
A legal separation: We were married in NY but I now live in NJ where do we file for the the separation?
David's answer
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Answered on May 15, 2014
Most people nowadays do not actually file court proceedings in NY for a legal separation. An out-of-court separation agreement suffices in most...
Archived
I need some information about family law/custody/adoption, i dont know what the rules are in the USA
David's answer
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Answered on May 15, 2014
First you need to file for guardianship of them. You can only really file for adoption once the children are actually living with you. You'll...
Archived
What can I do if I believe my ex has a personality disorder?
David's answer
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Answered on May 15, 2014
You may consider suggesting counseling for her, but whether you do so will depend on your judgment as to how volitile it is. Other than that,...
Archived
We are in the middle of a divorce and found out something about my husband. What will the judge think of his actions??
David's answer
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Answered on May 14, 2014
One would think he wouldn't exactly look good to the Judge. You should also be aware of a possible claim that this conduct constitutes marital...
Archived
Bad feeling about forensic psych evaluator
David's answer
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Answered on May 14, 2014
There is nothing to do as yet. You'll need to await the psychologist's report & see what it says. If you believe there were errors made either in...
Archived
In what state must I hire an attorney to draw up a prenuptual and will?
David's answer
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Answered on May 14, 2014
Since it's a contract, you can do your prenup in either state, so long as you make it clear that both parties, despite residing in NY, are...
Archived
Is it appropriate to write to the judge assigned to my divorce case ?
David's answer
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Answered on May 14, 2014
Proper procedure would be for you to file a motion objecting to the report and detailing your objections to the conclusions the Referee reached. ...