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Westchester Divorce Attorney Archives

OSC for contempt. Out of state divorce governed by the Supreme Court. Is a county court general jurisdiction the proper court fo

Q: divorce judgment it has to be in a court of competent jurisdiction. Is the court of General jurisdiction in New York state a court of competent jurisdiction equal to the Supreme Court of Florida? My question is the court in which is an ordere to show-cause is filed in a court of General jurisdiction not the Supreme Court. . In the order for enforce my final judgement of divorce , my case should be heard in a court of competent jurisdiction , NYS COURT is not a Supreme Court changed. I'm concerned that court of General jurisdiction is not the right Court for the origin show cause to be filed with . Any assistance would be greatly appreciated .

How do I get the recent post-nuptial agreement I signed disqualified?

Q: I agreed to dismiss the divorce action I commenced if we entered into a post-nuptial agreement. We both made full disclosure of finances and had full and separate legal representation. The agreement was very fair. In exchange for some concessions on my part, my spouse agreed to have incomes and retirements separate as of the date I filed for divorce (because that would be the date the court would likely use if we proceeded to divorce). I am the higher earner. We also agreed to contribute to the household, including college for the kids, in accordance with our incomes (me contributing more). Problem is two months after signing the postnuptial agreement; I realized that my lawyer left off the filing date in the retirement clause, which means in the event we divorce, my spouse would be entitled to his Majauskas share of my retirement up to the new filing date. I asked my spouse if he would be willing to have the agreement corrected to state the original filing date. He said no. Do I have any recourse? If I file again, will the original filing date be used? or the new filing date? I don't really want to file again, but don't want him to be entitled to half after that date.

What measures to take to safeguard Marital Assets (Married for 30 years)?

Q: I do not want divorce, want to live separately. We do have marital assets(houses, 401k, stock options, retirement), all acquired during marriage). Husband in late sixties still high wage earner, I am early sixty (low wage, part time). Can I apply for spousal support while living separately. Do not want my husband to make changes in his will or reallocation of assets. Please give me few ideas before recommending to speak to a matrimonial Lawyer. 

Is switching an attorney in the middle of a divorce very expensive?

Q: I have hired an attorney through a referral service who has reasonable rates and retainer. I do not have any personal recommendations for him? I am hoping it will all work out well, but in case it does not? What are my options?A: David's Answer: On the one hand, you'll need to pay the new incoming attorney to "get up to speed" by reviewing the prior legal file. On the other hand, you need to ask yourself: what's the price of sticking with an inferior attorney & losing your trial? Could you end up losing custody of your children? And if so, what price tag do you put on that? What's the best/worst-case scenario on payment of child/spousal support? Often times, when calculated out over several years, one is talking many, many ten's of thousands, if not hundreds of thousands, of dollars. Having a good, well-experienced attorney representing you is often far better given what you stand to lose. Schedule a consult with a Westchester Divorce attorney for a full assessment.

I want to move out before I file for divorce. How can I protect my rights when I move out?

Q: 1. Married for 37 years.
2. My spouse is 68 years and earns high income. I work part time and low income
3. Has 401 k and retirement plan
4. We own 3 properties
5. No debts.
I want to make sure that nothing gets touched when I move out and file for divorce later. At the time of filing for divorce I don't want to be in the same place. A: David's Answer: Mere possession doesn't affect asset distribution in a divorce - thus, you're generally able to move out (especially when there's no minor children involved) without repercussions. If you need money to move out, you can file a petition for spousal support in the Family Court first before filing for divorce. Bear in mind, however, that a mere Family Court filing doesn't restrain him from disposing of property/assets - only a divorce filing does so. Schedule a consult with a Westchester Divorce attorney for a full assessment.

If a post nuptial agreement isn't filed with the court, what keeps the opposing lawyer from changing the language in his copy?

Q: I agreed to dismiss the divorce action I had filed if we signed a post nuptial agreement. My question is, since the agreement doesn't get filed with the court, what keeps the opposing lawyer from recreating the document and changing the language in his copy? The signature page is separate. I ask because I believe this may have happened to me.

How soon can we divorce?

Q: I was married 5/8/16. We have an initial interview on 8/7/17 with USCIS. My wife is asking me how soon we can divorce after she is issued a green card. I'm not 100% sure with the whole process. Can someone please explain to me.

My ex attorney just filed with courts to object service for qualified domestic relations order

Q: I've been divorced 6 yrs and recently filed for my ex retirement. The divorce decree stipulates I'm entitled to half for married years (. My ex got my pension during divorce since my assets were tangible he had loans against his and therefore the net worth at that time was not tangible) I received approval from the retirement plan as well as court and filed the DRO w his retirement plan. However I cannot collect until he retires.

How do I divorce when I have recently moved to a new state and do not yet meet the residency requirements?

Q: I have recently moved from NJ to NY with my wife. While the marriage has been deteriorating, it has recently taken a turn for the worse and I want to divorce as quickly as possible.
We have no children and do not own a home, so it should be relatively hassle free, but she refuses to get a divorce or even a separation. Often when I try to walk away from an argument, she will stand in front of my car, get in the bed of my truck, threaten to cancel my debit and credit card if I leave, etc. I am trying to get out of this situation as quickly as possible, but I am unsure if I can file for divorce in NJ where we lived for three years or if I have to wait until I can file in NY. Also, what is the process when she refuses to sign papers? 

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