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Elena Lynn Greenberg
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Elena Greenberg’s Answers

16 total


  • Can I move out of NYS to FL without my daughter's father's permission?

    My boyfriend & I have a 7 year old daughter together. We currently live & have been living together since 9/2007 in NYS. My older daughter from a previous relationship will be attending college in the fall of 2016 in FL & I want to be out there wi...

    Elena’s Answer

    If he objects, he can restrain you from doing so, or obtain a court order directing her return after the fact. Bottom line: dont so it if he objects and has the funds to litigate against you, prior to seeking judicial intervention first.

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  • Child support

    My ex and I have joint custody but the kids live with me she does not give me money for the kids she tell me she gets what they need. We she has not got anything in I don't know how long. She tell me if I go to court she will be taking the kids aw...

    Elena’s Answer

    You should file for full custody and child support from your ex. You seem concerned that she works for welfare. You need to address your fears with an attorney before taking action.

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  • Can a Divorce lawyer work on Contingency?

    My lawyer recently went into practice on her own, away from the big firm she used to work for,. Although we had a retainer agreement that states rates, she has assured me that her fees will be recovered by way of final settlement in the case, and ...

    Elena’s Answer

    Your friend is correct. They are not permitted.

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  • Do I need a lawyer to release my ex spouse ftom divorce settlement. Looking to reconcile but need to release spouse of settlemen

    Informed with both parties consent can release obligation of divorce settlement by downloading release form on line bypassing legal fees

    Elena’s Answer

    It would be worth your while to have a lawyer review the reconciliation/modification provisions in the written Stipulation. Most Stipulations state that a the terms of the Stipulation can only be vititated/and or modified by a writing signed by both parties with the same formality (notary) that you would use to record a deed. Otherwise, you can live together and ignore the Stipulation, but if one party changes their mind and wants a divorce, the Stipulation may still be valid. My firm recently litigated this issue and the Stipulation was upheld.

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  • If settlement happens in a contested divorce between RJI and the Compliance Conference, do we need to go to court for Compliance

    If settlement happens in a contested divorce between RJI and the Compliance Conference, do we need to go to court for Compliance Conference? Can the lawyer call the court by phone, and notify that a settlement has happened?

    Elena’s Answer

    • Selected as best answer

    You will not need to attend the compliance conference. In Nassau and Suffolk Counties, you need not make any further Court appearances. In Queens, you are required to appear for an inquest in order to obtain an uncontested divorce.

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  • What are the chances of a family court referee completely going against a forensic report?

    We are set for a settlement conference, after reviewing forensic report. Opposing counsel is claiming that the recommendations of Forensic psychologist were premised on incorrect assumptions.

    Elena’s Answer

    There is a chance, particularly if the recommendation in the forensic report is not sound. More and more these days the forensic examiners do not make recommendations. There are many who feel that is only for the Court to decide after hearing all of the evidence.

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  • I have filed for divorce and my wife and I both want physical custody. we have not met with the judge yet and both still living

    together with our 5 yr old son. while my wife and I worked my mother and mother in law took care of him. he is very close to my mother. my wife hates my mother. I have taken my son to my mothers for dinner at her house a few times and she has also...

    Elena’s Answer

    If you filed for divorce, I assume you already have an attorney. If not, you should get one. If you do have an attorney, you should seek his or her counsel. If not, you should look for a new one. A lawyer cannot give you advice online in this forum. You need to schedule a consultation to obtain legal advice.

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  • “if I recently received life insurance money from my father's death of 30 years ago, do I have to split it in a divorce?”

    is this considered inheritance money?

    Elena’s Answer

    No, but make sure you keep it in an account in your own name. Do not put any part of the money in a joint account, or it will be compromised.

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  • I have been legally separation for 13 years, I have been told that after 6 yrs. of separation it becomes a divorce, is it true

    not much more

    Elena’s Answer

    That is not correct. Divorce documents need to be prepared, served, approved by the clerk, and signed by a judge. It is not automatic.

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  • Do you have to get a legal separation for a year before you can get a divorce in New York?

    My husband moved out 4 months ago. He filed for a divorce and I received the divorce papers 2 months after he moved out. Is this legal? Now,he said he will give me a legal separation so I can keep my health insurance.

    Elena’s Answer

    No

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