Archived
My rights living in my parents in law second home with my wife who wants a divorce, but hasn't filed and wants me to move out?
Susan's answer
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Answered on April 27, 2018
If the deed to the residence is titled solely in the name of your in-laws, they have the right to commence eviction proceedings against you. With...
Archived
What county is fastest for an uncontested divorce?
Susan's answer
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Answered on April 26, 2018
The real question is what is the proper county to file for divorce. An action can only be maintained in the county where either of the parties...
Archived
If my ex-husband inherits his family business worth a few million, can I take him back for increased or longer maintenance??
Susan's answer
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Answered on April 26, 2018
It is unlikely that you would prevail, as inheritances are defined as separate property in the Domestic Relations Law. I would need more facts in...
Archived
Can you give your wife’s lawyer the divorce papers to serve her ?
Susan's answer
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Answered on April 26, 2018
Actions for divorce can only be commenced by personal service of papers upon the parties to the action. You can only forward the papers to your...
Archived
What does supervised visitation mean?
Susan's answer
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Answered on April 26, 2018
Supervised visitation means that the non-residential parent can only have access to the children in the presence of a third party. That third...
Archived
Can someone answer some questions about discovery in a divorce case?
Susan's answer
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Answered on March 11, 2016
At a Preliminary Conference in a Matrimonial Action, a discovery schedule is established for both parties. This schedule details with specificity,...
Archived
What are the key factors to proving parental alienation in court?
Susan's answer
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Answered on March 09, 2016
Your statement incorporates many factors that a court would consider in sustaining a finding of parental alienation. Those factors include the...
Archived
How do i cancel the child support order
Susan's answer
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Answered on March 07, 2016
If your payments have been made through the Child Support Unit, and there is no mechanism for them to automatically cease accepting payments, you...
Archived
Can my ex try to claim my new property, or funds i have saved to purchase my new property as marital assets and try to take them
Susan's answer
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Answered on February 23, 2016
Once a Summons has been filed in the county clerk's office, the marital clock is tolled. Any assets and/or liabilities acquired after that date,...
Archived
Will I be drug tested also if I ask the court to drug test the father of my child. His family is willing to testify for me.
Susan's answer
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Answered on February 23, 2016
In Supreme Court, the courts may order drug testing, particularly if there are custody and parenting issues. If each party is represented by...