Archived
If I move out of state (currently residing in New York) to Georgia for a job opportunity, can I take my two children with me?
Jean's answer
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Answered on November 17, 2013
If you move without an agreement or court order in advance, you could be confronted with an order from a judge in NY directing that the children be...
Archived
Would a resumption of living together affect a legal separation agreement, or would it still be valid and serve as a framework.
Jean's answer
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Answered on November 17, 2013
That depends on what the separation agreement says about reconciliation. It could also depend on other factors including the length of time that...
What are the differences between a legal separation agreement and a postnuptial, if any?
Jean's answer
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Answered on November 17, 2013
Both are enforceable agreements under the Domestic Relations Law if prepared properly. That is, they can be enforced as contracts and as marital...
Can a divorce action be held in abeyance indefinitely? If so, does the clock stop on our marriage even if we stay married?
Jean's answer
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Answered on November 16, 2013
If the summons and/or complaint has been served on the defendant but an RJI (request for judicial intervention) has not been filed, yes - the...
Archived
How long do I have to pay alimony?
Jean's answer
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Answered on November 14, 2013
There is no specific guideline. It really does depend on the judge assigned, your assets, your spouse's income earning ability, and other factors...
Archived
If divorce papers were signed but not filed and one of the parties remarried is it a legal divorce
Jean's answer
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Answered on November 12, 2013
City Hall is not the place to check for a divorce record. Do you have a copy of the judgment of divorce? Was it signed by a Judge? Did either of...
Archived
Do I need an attorney
Jean's answer
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Answered on November 10, 2013
You need to file a petition to enforce and/or to modify the order. If he is creating an issue regarding the transition times, you need explicit...
Archived
What can I do if I am 18 and I do not live with my mother, but she wants me to still be under her name for taxts ?
Jean's answer
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Answered on November 04, 2013
If you live with your girlfriend, you may be considered emancipated. That means that your father should file a petition to terminate his support...
Archived
Temporary order and recusal
Jean's answer
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Answered on November 02, 2013
The temporary order will remain in effect until it is vacated. If the judge recuses, that may not happen until you have a court appearance with...
Archived
How do I close a child support case? I just found out that me and my child's father have an open case for child support and that
Jean's answer
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Answered on November 01, 2013
Attorney Stark is correct. You have to file a petition in Family Court to terminate the ongoing support charge.
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