Archived
I have submitted a withrawal to withdrawal my petition for order of protection and custody, what are the chances its approved?
Jean's answer
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Answered on April 10, 2013
If it is a Family Court petition, you should be able to withdraw. If you have children and a law guardian has been assigned, the law guardian may...
Archived
I read somewhere that if the wife is cohabitation with another guy during the separation then there is no alimony awarded, is th
Jean's answer
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Answered on April 08, 2013
No. If she actually remarries, any spousal maintenance awarded would terminate. But, there is no law in NY that precludes awarding spousal...
Archived
Juristiction of a child I have temp sole custody of who came to NY from NC this past Jan 16th.
Jean's answer
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Answered on April 04, 2013
How do you have "temporary custody"? Is there an order out of NC? Why is there a court appearance in NY? Who filed in Family Court. Until your...
Withdrawing a divorce petition and refiling
Jean's answer
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Answered on April 04, 2013
If you filed a complaint with your summons and your spouse has served an answer, you will need either a stipulation of discontinuance from your...
Can I use separation agreement signed 6 years ago but not filed in court to file for uncontested divorce?
Jean's answer
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Answered on April 03, 2013
The Agreement did not need to be filed in 2004. You can file the Agreement now and obtain a divorce based on living separate and apart pursuant to...
Archived
Uncontested NY Divorce Amendment
Jean's answer
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Answered on April 03, 2013
If both parties agree, you can prepare an Addendum to your Agreeement. That Addendum can be submitted to the Court before or after the Judgment of...
Archived
Can child protective decide if a case is found before a second visit? what are the charges for maltreatment?
Jean's answer
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Answered on April 03, 2013
If you received a letter stating that a report of neglect or abuse was "indicated", you can contest that finding. My office is in Clifton Park. ...
Archived
Divorce querry
Jean's answer
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Answered on April 02, 2013
Your wife lives separately from you. That she dates someone else will not, by itself, result in custody being transferred to you. By the same...
Archived
I have not lived with my wife for a year now. do we have to be legally separated before i can file for a divorce?
Jean's answer
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Answered on April 01, 2013
No, you do not have to be legally separated to file for a divorce. If you would like to schedule a consultation to discuss your rights,...
Archived
Is a 19 year old married person with a child still their parents responsiblity?
Jean's answer
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Answered on April 01, 2013
Ms. Civic's response is absolutely correct.
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