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Are divorcing couples required to go to mediation or try to negotiate a settlement before going to trial in New York State?.
Gary's answer
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Answered on August 14, 2013
Depends on the county. Some counties require after the Preliminary Conference with the judge has been that the parties engage in court ordered...
Is there a waiting period after marriage that a POSTNUPTIAL agreement should wait before bieng drafted or signed, like a prenup?
Gary's answer
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Answered on August 14, 2013
You can sign the post-nup right after you say, "I do." The only real difference between the pre-nup and the post-nup is when it is signed. The...
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Divorce Problem
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Answered on August 14, 2013
Strange as it may seem, bigamy is more common than you might think. First, if she did not get divorced, then yes, she is still married. If she...
Archived
Can I file paperwork to overrule a referee's decision
Gary's answer
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Answered on August 14, 2013
Sounds like you are in the midst of the matter and not at the end. You cannot appeal a decision from Family Court until there is a final decision....
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What amount is used to calculate child support when gross wages from last years federal tax return is lower than current income?
Gary's answer
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Answered on August 13, 2013
Generally, the support magistrate uses the last two or three pay stubs. I have seen support magistrates use only W-2s. This generally works closer...
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If my wife is Chinese and she goes back to China, can she divorce me there? Would i be governed by Chinese laws?
Gary's answer
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Answered on August 12, 2013
China might take jurisdiction, but if you are not a Chinese national and do not participate in the divorce proceeding, New York could find that...
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Will I remain the beneficiary of my husband's life insurance if I have physical custody of our children?
Gary's answer
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Answered on August 12, 2013
Generally, it is the children who are the beneficiaries, and the custodial parent is the trustee. However, you can agree to what ever you want. In...
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I would like to enter a domestic partnership in NYC--should i get a prenuptial agreement?
Gary's answer
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Answered on August 12, 2013
If you don't get married, then any property you acquire in your name remains your property. It is only when you get married that issue of joint...
Archived
Do I need a business lawyer?
Gary's answer
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Answered on August 12, 2013
Yes. When you say co-owner, what type of business, it is a corporation, partnership or LLC? The rules governing how to enforce your rights vary...
Archived
Do I have any rights to have custody of my daughter?
Gary's answer
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Answered on August 12, 2013
Sadly this is another day in the Suffolk Family Court. However, that is an advantage to you. File for custody. Since you are the father and she...
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