Q: I purchased my NYC co-op apartment, moved my then girlfriend and her daughter in to the apartment about a year later. We got married and she has assisted me with paying maintenance while she has lived with me. We are now in a very bad place and will be getting a divorce. We have agreed that she will move out but I want to ensure I'm able to enforce this given that we are now sharing an apartment even though we are no longer in a relationship.
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 .
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.
Q: My husband and I both are citizens of the US and had gotten married in Cozumel, Mexico 6 years ago. But my husband doesn't want to get a marriage certificate here in the states. We haven't had relations for a year by his choice because of my religious beliefs and he is threating to leave me and our 11year old daughter because I have several documented illness and threatning to have sex with other women because of my religious beliefs! He has "lost his wedding ring" and he doesn't support us financially other than half the rent and detergent for me to wash clothing. What are my rights please?
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.
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.
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.
Q: My husband just did an retraining order against me and he's 6'9" and I'm really unhappy in my marriage and wants to file for divorce.....how will that work??
Q: I lived in westchester when divorced commenced three years ago. Subsequently I moved to the Bronx ny. Divorce was final in westchester. I live in the Bronx for 3 years. Can I move child custody issues to bronx
Q: Want to get re-married and my x-husband was deported 3 years ago!
I live in New York and although we were legally married in NY
He never received residency! And was picked up by ICE and sent back to Canada Again we have not been together for over 15 years