Is there a way to keep all of my 401k funds in a divorce if my spouse is an addict? If so, what proof is required?
Howard's answer
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Answered on July 25, 2017
Retirement accounts are marital property subject to equitable distribution. But that does not mean equal. An argument can be made that debt and...
My wife has been posting her bikini and naked pictures on Facebook
Howard's answer
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Answered on July 24, 2017
There is a lot going on. It is impossible to give a complete answer in this forum. You need to sit down with an attorney. There are many positives...
When a process server leave court paper on your car is that consider being served ? and is the weekend days included in the 20
Howard's answer
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Answered on July 21, 2017
I have never heard of leaving papers on a parked car. Family court summons can be served by leaving it on your door and then following it with a...
What decides which state the divorce is in?
Howard's answer
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Answered on July 17, 2017
A lot depends on the grounds for divorce and jurisdiction. In NY, to get a No-Fault divorce you need to show that the marriage is irretrievably...
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I want to know if I can keep my engagement ring in the state of NY
Howard's answer
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Answered on July 13, 2017
If the gift of the ring was predicated on you marrying him, then you must give it back if you do not marry him.
Archived
Can I get a copy of my ex husbands will if we have a hild in common? He just passed 2 wks ago.
Howard's answer
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Answered on July 10, 2017
It depends on where he died. If he had a will, and it was probated, and he died in New York State. it will be filed in the Surrogates Court of the...
Is there a # limit for interrogatory questions in Family Court in NY (Nassau County)?
Howard's answer
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Answered on July 10, 2017
In Family Court, there is no automati9c right to discovery. You must seek the court's permission to conduct discovery. Interrogatories are not...
Archived
What to bring to court?
Howard's answer
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Answered on June 27, 2017
Relocation petitions are very tricky and complicated. You need to demonstrate that the move would be in children's best interests, not just yours....
Archived
How to get Sole custody of my three children?
Howard's answer
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Answered on June 22, 2017
You need to file a relocation petition in family court. You will need to demonstrate how relocating would be beneficial for the children. This can...
Archived
Can I file a petition for relocation in another county if we've been here for only three months?
Howard's answer
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Answered on June 20, 2017
New York State clearly has jurisdiction but which county to file has to do with venue. The rules regarding venue are much less strict. Technically...
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