Archived
I have to file a motion for default judgement in a divorce case. The defendants whereabouts are unknown. Can I still proceed?
Howard's answer
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Answered on March 28, 2013
Defaults must be filed within one year of service. You may need to have him served again. Also he needs to be served personally, in hand. If he...
Archived
I filed pendente lite. Judge hasn't signed it. Pc on for 4/23. Can husband get away with not maintaining bills?
Howard's answer
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Answered on March 27, 2013
If there is no current order in place there is no present legal obligation for him to pay. If motion was not signed and served then the other side...
Archived
Question about re-opening a bankruptcy case.
Howard's answer
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Answered on March 27, 2013
I am not familiar with the "town grant" you are referring to. If it is a government loan it may not dischargeable.
Archived
Husband served me Summons with Notice for divorce on 2/7/13. Can he stop paying household bills like water and electric?
Howard's answer
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Answered on March 27, 2013
Since there is no current order in place there is no present legal obligation for him to pay. However assuming what you say is accurate he will be...
Archived
What does emancipation age mean in New York State?
Howard's answer
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Answered on March 26, 2013
Custody rights end when a child turns 18. The child can choose to live with whichever parent he or she chooses. Social security rights are governed...
Archived
Selective prosecution in Family Court
Howard's answer
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Answered on March 26, 2013
Selective prosecution is a poor defense in a criminal case. There is something called prosecutorial descretion.
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Archived
Are Hurricane Sandy claims exempt in ch. 7 bankruptcy?
Howard's answer
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Answered on March 25, 2013
I suggest you repair the house first. If not the trustee will claim that amount as a cash asset with limited exemptions. Unless there is an urgent...
Archived
First wife remarried in 1980 after our separation in 76. Assumed divorced. Not so! I remarried in 1988. What are my Options?
Howard's answer
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Answered on March 25, 2013
Since you did not divorce your first wife, all subsequent marriages are void. You must first divorce the first wife before anything else.
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Archived
My sister been with her boyfriend for 20 years, they split and have 2 children and a house she have any legal rights
Howard's answer
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Answered on March 25, 2013
If they are not married she has no rights to spousal support or equitable distribution under the domestic relations law. Whoever has custody has...
Archived
My husband and I have not lived together for 17 years, can we do an uncontested divorce and not list any finances??
Howard's answer
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Answered on March 24, 2013
If you and your husband agree, you can waive exchanging financial info but I would advise against it. you should both know what each has. if you...
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