Archived
I'm in middle of a divorce / custody suit. My husband put in a motion for forensics and I put in a motion for opposition.
Gary's answer
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Answered on January 12, 2014
Technically the judge should have issued a written decision denying the motion, and in fact may have referred to it in his/her order. However,...
Archived
Is there any way around not establishing paternity? To not even take that test?
Gary's answer
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Answered on January 11, 2014
If no petition has been filed, you can move and it may force him to file in your new county of residence. If he has filed already, you are probably...
Archived
Can someone move out of their parents house if they are eighteen but still in school?
Gary's answer
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Answered on January 07, 2014
Once he turns 18 he is an adult.
Archived
How can I get divorce and also have my son father's rights removed
Gary's answer
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Answered on January 07, 2014
I have done a number of these. The court will not force you to remain married to someone who has vanished. The court will require that you prove...
Archived
If a custodial parent leaves the USA and plans to reside abroad for a minimum of six months is child support still required?
Gary's answer
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Answered on December 31, 2013
Until a judge modifies the order, child support must continue to be paid. Merely leaving the country for a period of time is not sufficient cause...
Archived
How do I start divorce proceedings when my marriage certificate is registered from a different country?
Gary's answer
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Answered on December 31, 2013
As long as you are in NY, you can divorce her here. However, if she is not in the U.S. you may have some issues with international service of the...
Archived
Will the judge grant my divorce immediately, when will it be final?
Gary's answer
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Answered on December 31, 2013
When you go back to court, I assume there will be an inquest on the record. The court reporter has to type it up and you have pay for it. Depending...
Archived
Have been waiting for awhile to get ruling on divorce case in Queens County, NY. Can lawyer file a"proposed finding of facts"?
Gary's answer
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Answered on December 26, 2013
Your attorney is right. Until the judge issues a decision, there is literally nothing he can do. Unfortunately, Queens is very backed up. One judge...
Archived
If I got married in another country would I get a divorce or an annulment?
Gary's answer
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Answered on December 23, 2013
First. are both parties in the United States? If your spouse is back in India, it would easier to get the divorce there, as New York may not have...
Archived
What are my options?
Gary's answer
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Answered on December 23, 2013
Yes, you can get divorced. New York is a No Fault state. However, since he overstayed his visa can be deported. As for spousal support - this is a...
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