If I’m collecting my retirement benefits already, would my (ex)wife be entitled to portion of my retirement if we get a divorce?
Mary Katherine's answer
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Answered on July 13, 2023
Yes, your spouse would be entitled to share in any benefit that has accrued during the marriage. Depending upon the length of the marriage the...
Advise in relocating within NY state?
Mary Katherine's answer
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Answered on July 13, 2023
The "acceptable" distance is whatever distance you and the other parent can agree upon. Without agreement, the court will have to decide whether...
Can the father of my child file for joint custody even though I the mother have sole custody ?
Mary Katherine's answer
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Answered on July 11, 2023
Yes, he can file a petition. If there is currently an order granting you "sole custody" then he will have to prove there's been a change in...
Can the court appointed law guardian for the child be related to the mothers family in a custody hearing?
Mary Katherine's answer
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Answered on July 11, 2023
Yes, it is "legal" but it may not be ethical and/or proper. Speak with your attorney about the potential conflict. Good luck!
I’m on disability awaiting knee replacement surgery. I only make $503.80 biweekly. Do I qualify for free divorce ?
Mary Katherine's answer
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Answered on July 10, 2023
I suggest you go see the clerk in your local court to ask what, if any, resources there are for someone in your economic situation. The assistance...
Defending rape charge filed by Wife of 3.5 years?
Mary Katherine's answer
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Answered on July 10, 2023
If you have a criminal charge pending, you need a criminal attorney. If that's not exactly what is happening and your wife is making an untrue...
Child support calculations?
Mary Katherine's answer
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Answered on July 09, 2023
Does the child support from the previous marriage count as income that can be included in the present child support calculation? No it does not.
Custody decisions?
Mary Katherine's answer
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Answered on July 09, 2023
It matters of child custody in New York, the “best interest of the child” is the standard for determining the outcome. Certainly, cultural and...
Legal separation and divorce?
Mary Katherine's answer
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Answered on June 10, 2023
In a NY divorce, what you can do and what you should do may often be very different. Judges in NY have publicly stated that divorce trials on...
If i am getting a divorce but we are still living together, not legally separated, can he date someone else ?
Mary Katherine's answer
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Answered on June 10, 2023
Although "adultery" is still "illegal" in NY and it may be grounds for divorce, it is a waste of your time and energy to think about it in those...