Archived
Is it a contempt of court if I inform the court that 'I would not like to proceed with the divorce case'?
Mary Katherine's answer
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Answered on February 11, 2016
Not likely contempt, but if your withdrawal is perceived as a frivolous action then you might be charged with counsel fees. You most definitely...
Archived
How long does a defaulted divorce take in Brooklyn NY? status is no justice assigned. Will he get to remain living in house
Mary Katherine's answer
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Answered on February 11, 2016
A lot of factors must be considered to determine what you can do and when with respect to evicting him if he refuses to vacate. A default divorce...
Archived
Which is the best state to file for me as it relates to duration and amount of alimony obligation
Mary Katherine's answer
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Answered on February 10, 2016
On first impression: New York. That said, you should speak with a NY attorney to have your entire situation reviewed and the pros/cons analyzed...
Archived
What kind of questions do I need to be asking about?
Mary Katherine's answer
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Answered on February 10, 2016
You can find attorneys in your area by searching among the profiles here on Avvo. I suggest you do that to find someone who can discuss the...
Archived
How do you file a counterclaim for divorce?
Mary Katherine's answer
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Answered on February 10, 2016
Certainly you may proceed with the divorce if that's what you want, and provided you are within statutory time-frames (meaning your Index number is...
Archived
Is an employer's contribution to retirement considered when calculating child support?
Mary Katherine's answer
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Answered on February 10, 2016
If the father materially misrepresented his income during a negotiated settlement, that is a basis to vacate the settlement agreement. I suggest...
Archived
Is this a big enough change in circumstance to possibly change physical custody/primary residence?
Mary Katherine's answer
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Answered on February 10, 2016
The loss of a job may be considered a "change in circumstances" but that alone won't warrant a change of custody--you still have to prove that the...
Archived
After a relocation trial and I lost, I do not agree with the proposed schedule with my daughter. Can I appeal this and how?
Mary Katherine's answer
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Answered on February 10, 2016
I'm sorry you lost at trial. You have a right to appeal all or part of the trial courts' decision as long as you do so within the time frame...
Archived
Custody
Mary Katherine's answer
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Answered on February 10, 2016
Legal custody and residential custody (or parenting time or whatever it is being called at the moment) are completely different. Once there is a...
Archived
So can I sue him
Mary Katherine's answer
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Answered on February 04, 2016
No, would not likely be successful in a lawsuit for that reason; however, if he improperly claimed a tax deduction the IRS may disallow it.