Questions answered by Jon Michael Probstein

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How do I get a divorce if my husband is in prison and I don't know his social security number?

Jon's answer | Answered on May 16, 2018

Hello: The real issue is if he is going to contest it. Then the process will be slower. If not contested, the process should be quicker. With...

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My church is seeking a criminal trespass order but while not tell me all the fact regarding what has happened?

Jon's answer | Answered on May 01, 2018

Hello: Simply stated, yes the Church can file a criminal complaint and/or a civil action. You will have the right to respond to...

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I told landlord last year issue with septic tank, they did not fix. because is said something again they want to evict me

Jon's answer | Answered on April 25, 2018

Hello: The statutory protections against retaliatory eviction are set forth in Section 223-b of the New York State Real Property Law ("RPL"),...

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How can I file for divorce if both my spouse and I recently moved from California to New York?

Jon's answer | Answered on April 25, 2018

Hello: A simple approach: enter into a separation agreement which covers all the terms and then wait until you meet residency requirement. NOTE:...

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I get half of my ex husbands pension check,can I ask the pension for an advanced lump sum payment of maybe 6 months ?

Jon's answer | Answered on April 25, 2018

Hello: That would depend upon the terms of the Plan and the QDRO.

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Can I be evicted ?

Jon's answer | Answered on April 20, 2018

Hello: Are you married? Was the house acquired during the marriage? This is where counsel can guide you so I would suggest you set up a...

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How can my fiancé file for divorce if he is and inmate in NYS? I am I able to help him?

Jon's answer | Answered on April 20, 2018

Hello: It is your fiancé's sole decision making to seek a divorce. You cannot make the decision for him. And yes, inmates can file for divorce.

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My ex wife wrote and signed MY NAME ON A CHECK? THE ACCOINT HAS BEEN closed since 2015 can she do time for this?

Jon's answer | Answered on April 20, 2018

Hello: Criminal matters are handled by the District Attorney, etc. not by civil lawyers. You have a very contested matrimonial compounded by...

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I have to evict my tenant because I was reported for having illegal apartment. I decided to file for a mother daughter will be

Jon's answer | Answered on April 18, 2018

Hello: Each case is different. You are facing a violation for illegal housing so you have no choice but to address and/or remove the...

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What is the difference between vistation petition and joint custody

Jon's answer | Answered on March 26, 2018

Hello: I assume you are in Family Court. Do you also have a divorce action pending? In any event, your papers should be reviewed. Were the...

Jon Michael Probstein's Answers (4298)

How do I get a divorce if my husband is in prison and I don't know his social security number?

My church is seeking a criminal trespass order but while not tell me all the fact regarding what has happened?

I told landlord last year issue with septic tank, they did not fix. because is said something again they want to evict me

How can I file for divorce if both my spouse and I recently moved from California to New York?

I get half of my ex husbands pension check,can I ask the pension for an advanced lump sum payment of maybe 6 months ?

Can I be evicted ?

How can my fiancé file for divorce if he is and inmate in NYS? I am I able to help him?

My ex wife wrote and signed MY NAME ON A CHECK? THE ACCOINT HAS BEEN closed since 2015 can she do time for this?

I have to evict my tenant because I was reported for having illegal apartment. I decided to file for a mother daughter will be

What is the difference between vistation petition and joint custody