Archived
Can one parent move out of state with the child without the others permission, if there is joint custody?
Philip's answer
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Answered on September 25, 2011
Typically no, but I would need to review the existing orders and/or stipulations to comment further. Joint custody and relocation are generally...
Archived
Can one parent move out of state with the child?
Philip's answer
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Answered on September 25, 2011
Consult with a family law attorney in your area and file the appropriate papers in court.
Archived
Is there an assumed due date of monthly payments of a distributive award?
Philip's answer
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Answered on September 21, 2011
I would need to review your divorce agreement and documents to give a specific answer to your question. Generally speaking, if payments are due on...
Archived
What are phone lists for a divorce by publication?
Philip's answer
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Answered on September 21, 2011
You should speak with the court clerk for specific information on what to do in this situation. I have not reviewed your paperwork and I was not...
Archived
What rights do I have as an unborn father? What will I be responsible for?
Philip's answer
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Answered on September 21, 2011
Once paternity is established, you have potential rights to custody/visitation and obligations for financial support. Speak with a family law...
Archived
Protection without a Pre-Nup in NY.
Philip's answer
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Answered on September 21, 2011
Separate property tends to stay separate, but there are many exceptions to this general rule, such as appreciation (active and passive), etc. You...
Archived
Parenting time interference
Philip's answer
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Answered on September 19, 2011
You should speak with a family law attorney prior to filing a new petiton for various procedural reasons. I will gladly provide you will a free...
I filed an uncontested divorce i have 2 children with my spouse. we both agree on childsuppport and shared custody. He has been
Philip's answer
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Answered on September 18, 2011
An uncontested divorce means that you have both signed a Stipulation of Settlement and other documents necessary to place the matter on the...
Archived
My husband wants a divorce. We live in NY state. Do we have to have any waiting period before one of us files?
Philip's answer
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Answered on September 18, 2011
There is no "waiting period" to file for divorce provided that you have met the residency requirement for jurisdiction of the Court in New York State.
Archived
In New York State, if a couple divorces, then does the Wife get everything? the house, all cash and assets? the guy left broke?
Philip's answer
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Answered on September 18, 2011
The courts decide each matrimonial case based upon the doctrine of "equitable distribution" which is a concept of "fairness." Neither side can or...
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