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Westchester Divorce Attorney Archives

How to get a divorce in NYS if I can't locate my husband?

Q: My husband and I broke up in June 2016. We've had ZERO contact since July of 2017. I've been trying to contact him for over a month so we can start the divorce process. I was told I will need to have him served with divorce papers but since I can't find him and nobody from his family will speak to me I can't have him served. I heard he is living in Florida now.

Exclusive use and occupancy of marital home

Q: I have been married for 25 years. We have two minor children age 17 and 18. We live in New York where child support is until 21. I plan to file for divorce after my youngest graduates high school in a few months. He will be 18 a few months after that. Neither child has any disabilities and no college plans, this year anyway. Kids and spouse are aware we will be getting divorced. Kids say they will want to stay with their father (he has no rules what-so-ever). I have no say after age 18. Our home is paid off and we have other marital assets that I believe may equal the value of our home. We will have to get everything appraised. If about equal, I want to sell our other assets so one of us could buy the other one out of our home. My spouse wants to prolong the sale of our assets and live in the house as long as possible and said he will be asking for exclusive use and occupancy of the house until our youngest turns 21. My question is, is it likely that a judge would grant this request? I realize each case is unique, but just looking for the likely-hood of this happening. I will be paying support, so would have a very difficult time paying rent, utilities and everything else.

There is no law that prevents me from publishing documents from my ex and his lawyer online, correct? and hash tagging them?

Q: i cannot currently contact my ex husband due to a false restraining order he filed (in Manhattan court claiming i'm violent because putnam county court is aware HE is the violent party who was arrested due to the bruising the police documented on me). He made various false statements about i'm contacting him for "extortion!" and he doesn't know why i ma contacting him. He and his lawyer for 6 months refuse to address that he's failed to pay me maintainence in full. I have the correspondence to both parties alerting them to his violation & their refusal to pay me. Since he knows this is not extortion, he lied in his filing to the judge in his restraining order! I cannot contact him directly, in any form,w (which i have not nor will i). my question is - there is no law that prevents me from publishing his restraining order petition on line, correct? There is no law that prevents me from publishing the letters from his lawyer stating he will not follow up on maintenance issues, correct? I want to post all this on social medias and hash tag her firm and my ex's name. this is all "factual evidence" as they state, so why can't i publish it and expose them for their mis truths.

How do I divorce an illegal that tricked me in to kids and marriage then lost all interest in me after I filed her INS paperwork

Q: I meet my wife working at a night club. I was the owners private security guard. She was a barmaid - entertaining and suducing men so they buy her alcoholic drinks all night in exchange split commission on the overlay prices alcoholic drinks for the barmaids. I befriend her told her about the hard time in my life and she then pretend to be a friend. I later left the establishment as if hurt me that people started to know I liked her and they would tell me she was a call girl being paid for sex, and that she was pretending to not be in relationship with some older gentlemen but he would constantly told me how they are together and how he always give her a lot of money. I did believe it but to make a long story shortly after I stop working at the place and was disappointed because I really started to feel for her only to later find her working at the new club I would play pool at, and again she was with the same older she was dating. She then said hello. I tried to ignore but since I like her we started to talk again she then supposedly stop talking to the wealthy older gentleman and asked me to move in then after paper was filed she stop having relations with and talk to me bad.

How do I change or remove something in divorce papers?

Q: Divorce has been signed off an done (11/2017) but a matter seems to be a thorn in my side, the right to first refusal part is turning out to be really not workable and with the other person continuing to be not flexible with anything on this part, even violating her part on this also. If away from our child more than 5 hours the other parent must be notified. Can I have this taken out or changed???

My ex wife seems to be letting her boyfriend spend the night for the last past two weeks the condo is in both of our names

Q: We got a divorce she wanted to move out so i agreed but never a time limit its been rough for me but i stuck it out by not moving back in i didnt want her to be uncomfortable i have two children that live there 19 and 16 they asked me to talk to her because they thought it was temporary no use it turned into an arguement i want to move back and tell him to leave the premises and not to come back before it gets ugly i would like to benefit from my savings and hard work not for her to do something different whats my rjghts.

If I withdrew my no fault divorce action WITH prejudice, am I stuck married for life?

Q: Just before my divorce trial, I agreed to withdraw my no-fault divorce petition if we had a post-nup written up. I agreed to this so we could wait until our youngest graduated high school. The opposing attorney told my attorney to dismiss WITH prejudice and he did. I want to refile mid next year. What does "with" prejudice vs. "without" prejudice mean when pertaining to divorce? We live in New York.

My ex husband filed a temp RO b/c i contact him at work, follow up on missing alimony. he claims this is extortion?

Q: my ex husband filed a temp restraining order because i contact him at work, asking for the alimony that he owes me. he claims me contacting him on a regular basis asking for money is extortion. he does not state in the paperwork that all the dates he's quoting i called him are documented by me as late payments that he missed. he's currently in violation of the judgment still!! he's owed me money for at least over a year now. if i contact him to ask him to pay me (what he agreed in the judgment to pay), is this extortion? he's claiming i'm "threatening him" by saying i'm going to send cops to his residence. I told him if he doesn't pay me as he's supposed to, i'm filing an OTSC against him, and ask the judge to allow me to have NYPD serve him at work or at home (since i don't think his lawyer actually works for him anymore). he says this is extortion and threatening. is it?

How do i compel Milana Tepermayster, my ex's attorney to speak with me as prose? he's in alimony violation and she knows it. ?

Q: I'm prose. my ex husband's attorney is refusing to speak to me, email me, and to send me written letters. i cannot get her to confirm she represents him. I've written the judge to please interfere since she refuses any contact with me. In fact, i cannot even confirm she still represents him, because if she did, wouldn't she by law have to speak with me somehow? she knows he's in violation of the judgment and has not provided full alimony. she's refusing contact as if he because he's in violation. I've had to call him at the FDNY station house before to ask for my alimony checks that he's in violation of and not providing, because she refuses to speak to me. I can't confirm that she indeed works for him, her silence says she isn't employed by him any longer. 

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