Archived
What actions can be taken to enforce a court order? Child's mother is consistently late and requesting modifications.
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Answered on October 27, 2013
If you can structure your schedule so that you are picking up or dropping off to school or daycare, that can alleviate some of these issues. ...
Archived
Can my wife seek a QDRO after a judgement of divorce is issued? And if so, does she get it?
Jean's answer
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Answered on October 26, 2013
A Qualified Domestic Relations Order (QDRO) is used to divide a pension or deferred compensation account, usually after the entry of the judgment...
Archived
I started a divorce action and my wife has been served. She's talking reconciliation now. Can it be put on hold indefinitely?
Jean's answer
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Answered on October 25, 2013
If you have not filed an RJI, which results in the assignment of a judge to your case, you can put your case on hold indefinitely. As long as she...
Archived
What is the prevailing thinking on post nups in New York? Successful, waste of time, unenforceable??? Thanks.
Jean's answer
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Answered on October 25, 2013
If prepared properly and based on proper consideration, a post nuptial agreement is enforceable.
Archived
My husband up and left us 5 months ago. He says he wants a divorce and I dont. Yet he claims he will be dating. There is no
Jean's answer
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Answered on October 20, 2013
You can file for a fault based divorce. But, the question is why would you. Doing so will increase your legal costs and even if you prove fault,...
Archived
Wife and I r seperated,joint leagal custody, she has residential ,and is now refusing to allow me to c my kids,what can I do?
Jean's answer
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Answered on October 17, 2013
Family Court cannot enforce an Agreement. So, if you file in Family Court, you are potentially starting from scratch the renegotiate custody and...
Archived
I recently found out that my husband who i am separated fro sold a piece of property which he brought into the marriage without
Jean's answer
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Answered on October 07, 2013
If there is no separation agreement and the property is deeded to just him, yes he can do that.
Archived
Will I face maintenance in a 2 year long marriage? My wife's income is a lot less than mine but she has great potential.
Jean's answer
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Answered on October 05, 2013
It is possible that you would be ordered to pay temporary spousal maintenance while an action is pending. However, that does depend on the...
Archived
What is defined as a weekend for visitation?
Jean's answer
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Answered on October 02, 2013
There is no standard definition of a weekend for custodial orders. Was the order based on an agreement? Have you had a past practice with regard...
Archived
I live in New York State and am not yet separated. Can i purchase a home in my name without my husband having an interest in it
Jean's answer
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Answered on October 01, 2013
No. If you purchase a home prior to signing a separation agreement or filing for divorce, it will be marital property.
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