Archived
What is considered to be separated? If my husband no longer lives with me. is that separated or does it have to be filed?
Michael's answer
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Answered on August 22, 2016
There are not enough facts to guide you but you need to speak with a lawyer ASAP to know your rights to equitable distribution, support, etc. in a...
Archived
Are there any NY lawyers who take on client's on a contigency basis or payment plan?
Michael's answer
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Answered on August 19, 2016
As others have noted, contingency fees are prohibited in this area of law. Most lawyers however, will accept a reduced retainer with a payment...
Archived
What can I do if my husband refuses to sign the divorce agreement?
Michael's answer
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Answered on August 19, 2016
You cannot force him to sign if he doesn't want to. Assuming that you purchased an index number and served him with a Summons & Verified...
Archived
How long does it take to get a uncontested divorce in NYC?
Michael's answer
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Answered on August 19, 2016
Assuming all of the papers are submitted correctly, the shortest wait is probably in Manhattan, but even there you can expect it to take three to...
Archived
After divorce and custody?
Michael's answer
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Answered on August 19, 2016
Courts are to award custody based on what is in the best interests of your child. Your wife's income is only one small factor in determining your...
Archived
Can I request a modification of child support when a child is in college if I am asked to contribute to the college expenses?
Michael's answer
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Answered on August 15, 2016
While the court may take into account your income and your ability to support yourself, you are likely to be ordered to pay your pro rata share of...
Custodial parent wants to homeschool children who are both thriving in their normal schools.
Michael's answer
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Answered on August 15, 2016
Yes it is possible, and you can submit a petition to Family Court to do so, but there are not enough facts given to determine what your chances of...
Archived
What is the difference between custodial and non custodial custody?
Michael's answer
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Answered on August 15, 2016
There is no such thing as "custodial custody" in New York. There are basically two types of custody, namely "residential" custody (where the child...
Archived
Can I give my father power of attorney to represent me in family court for child support issues?
Michael's answer
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Answered on August 15, 2016
No, unless your father is a licensed attorney he cannot represent you in Family Court. You need to be there.
Archived
Does my sons biological father have rights?
Michael's answer
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Answered on August 15, 2016
If he is proven to be the biological parent of your son he has rights of visitation as well as a financial obligation to support his son...