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November 2016 Archives

How can I get an annulment?

Q: I was married on May 8th 2016. I've caught my wife in what I suspect to be two instances of infidelity. Plus I've had to beg for "intimacy". This has caused a lot of issues and we have agreed to go our separate ways. She is not a US citizen and will move back to her country 8/20/2016. (we never did paperwork for her citizenship) I want an annulment as soon as possible

1) Can a lawyer serve my divorce papers? 2) If not, who can do it without getting me arrested. I used a process server!

Q: I want to desperately divorce my wife. She doesn't want a divorce. We've gotten physical and she has a full Order of Protection. NO contact, stay 250' away, no email, phone, etc. I'm confused!. According to Attys Brosnan and Rothstein, it appears that having her served with divorce papers would subject me to arrest. Brosnan even told me to get an atty to serve her.

I Mr Angelo Darden, Married for 13 years, Separated for 12, we have a 12 year daughter I'm paying chld support through the court

Q: Wife refuse to sign papers, receiving $524 mo., intent to get knowing I have another child out of wetlock who's 13 paying child support through the courts. I want a divorce without going the bureaucracies when she works too.

Can a request for a modification for a final child support order hold off a divorce after spouse has already been served?

Q: I served my spouse divorce papers after having final orders on custody/child support and alimony, she summoned me for a change of visitation for Sept 23, can that delay divorce process after serving her when she has 20 days to respond? Also her orders are from the Bronx county family court while my divorce was from the supreme court Westchester county? Will they merge the cases?

What is the proper way to be served a child support modification petition if it's done by certified mail?

Q: I am out of the country on vacation until July 27th. My son's father has known this for a long time, especially because it was a court-approved vacation AND I emailed him the exact dates over a month ago. Our hearing in Bronx Family Court is on August 2nd, but I won't be back in NY until July 27th. My ex claims that I don't have to actually receive the papers 8 days before the court date. He claims that as long as he mails it at least 8 days prior to the court date, that service is complete? Is this true? What is proper service by mail? Thanks!

What are the penalties for refusing to take paternity test in NYS? After penalties can I still be mandated to take a paternity?

Q: My potential child's mother is just money hungry and wants to take me for every dime I have. I am thinking of refusing a paternity test. I want to know what's the worse that can happen and if there is anyway around paying an arm and a leg. Please don't judge me.

Can I bring in my pay stubs instead of tax returns to my first child support hearing?

Q: I have an upcoming child support hearing for which i am the petitioner and I wanted to know if instead of bringing in my w-2 or tax returns as proof of income if Its ok to bring copies of recent pay stubs instead? I know at times when you don't have certain documents ready, the magistrate would adjourn it to a later date. But I was wondering if they can proceed using my pay stubs only.

Can a former employer be forced by the courts to expedite the distribution of a pension for the purpose of a child support debt?

Q: My childs father is in arrears for child support. Although he was terminated from his job he's still vested and eligible for a pension check. Does the court have the power to force his former employer to start generating a pension check without his permission for the purpose of satisfying a child support debt? Or is there anything I can do on my own to retrieve money from his pension by the way of his job?

Is NCP supposed to provide clothes and toiletries for overnight visits?-

Q: NCP has daughter every other weekend from friday evening till Sunday afternoon. Since it is the first time, I provided a bag for her but I want to know is NCP supposed to provide his own pajamas and clothing for the child as well as toothbrush/toothpaste, body soap and other little things like that. Am I supposed to be responsible for packing a bag? This wasn't discussed in court and we have no communication with each other. I tried asking if he could get her a toothbrush and I received no answer.

In Divorce, does the plaintiff and defendant both have to remove barriers to remarriage in case of religious marriage?

Q: In Divorce, does the plaintiff and defendant both have to remove barriers to remarriage in case of religious marriage? Contested divorce just got over with judge giving the divorce decision.

As plaintiff are my chances better with a Special Referee as to validity of a foreign divorce or is judge copping out?

Q: Unbeknown to me husband went to Dom. Rep. divorced me and remarried, but divorce papers name me as person who initiated it. When sent copies of so called divorce not only did person impersonating me get all my info wrong i.e date of birth, social security number and the like but also signed my name wrong! I did not have nor ever applied for a passport. After 3 years in court (since 09/13) judge has referred us to a special referee. My understanding is NY does not recognize such divorces. I found all this out after I filed for divorce in 2013 but fraudulent divorce committed in 2004!

I wanna to take a vacation with my kids 3 months the father won't allow it

Q: My youngest children want to go on vacation with me to Dominican Republic father is refusing to allow it one father is the assumed father and the other just got the affiliation by the judge what can I bring the court to allow my kids to travel with me ? What will I need to bring the judge?

Can I apply for visitation for to see my step daughter

Q: My husband and his ex don't get along because he married me and she won't let him see the children. The 16 year old left and came to live with us. Can I file for visitation for the 7 yr old on my behalf as step mom.

How long does it take to divorce in nyc

Q: I have filed for divorce recently in nyc. I live in Bronx and I was wondering how long will it take for the papers to get processed. The divorce is uncontested, no property, no children. I know that it should go to the judge and than depends on how much is the backlog in the clerk office. Can anyone tell me an estimate cause I want to marry my girlfriend as soon as possible after this process ends.

Can a father get custody over 1 year old daughter if mother lives in homeless shelter?

Q: My ex kicked me and my daughter out 2 months ago. We've been staying with friends and family ever since. Currently on welfare, getting child support, enrolled in college, attending a back to work program, actively job searching. Considering shelter system but don't want to lose custody of my daughter.



Can I enter the courtroom with a 'written outline' I can refer to, in order to argue my case more effectively before a judge?

Q: First time family court appearance in 'pro se' mode and seeking advice on how to represent myself. I consulted with a legal aid, but I won't have the opportunity to seek additional advice, as my first appearance is scheduled for tomorrow. Any general feedback is greatly appreciated.

What don't need to travel with my child over seas for 3 months?

Q: I'm primary custodial parent one father is recently establishing paternity the other one is trying to get visitation they still haven established nothing yet I want to leave for a vacation to Dominican Republic for 2 or 3 months with my family what can I do?

What's the next step when I see judge after denies dna?

Q: My sons father took me to court the judge denied him a dan test because the the child is 5 and the father still wants it so they making us see another judge they assigned a lawyer for the child which hasn't contacted me yet I would like to have an idea of what is the procedure to this and what happens if Dna is negative and the child only knows him as his father

Married but separated for over 5 yrs, not legally. Wife now needs chemo - am I responsible for her medical costs?

Q: We have been separated for many years, I don't live in the house but pay the bills. She has her own income & medical. I am retired and want a divorce and just to keep my pension. She can have her money, inheritance and 1/2 the home money when sold. What are my options and responsibilities to her now that she is ill?
A: David's Answer: If the medical bills already constitute a debt, then potentially you are liable for up to 50% of all marital debt. If you're talking about future such expenses, then the only way you'd be liable for same after the divorce is filed is via an award of alimony (i.e., maintenance). Schedule a consult with a White Plains Divorce attorney for a full assessment.

What is the law (CPLR) in NY that Plaintiff's attorney submits the proposed Judgment of Divorce?

Q: Received a document from someone and it's written by an attorney who states "with respect to the complainant's claim regarding the Judgment of Divorce, it is routine practice, INDEED THE LAW that the plaintiff's attorney, in a matrimonial action submits the proposed Judgment of Divorce."
Where is this law? Is it in the CPLR for NY, and is it changeable and if so, under what circumstances? This is a seasoned matrimonial lawyer writing "indeed the law that the plaintiff's attorney, in a matrimonial action submits the PROPOSED Judgment of Divorce. Would like to know where that law is and how to find it. Thank you.

Can a child support order by default be modified just 2 months of it being written?

Q: In May a support magistrate made an order by default because my son's father had to be thrown out of the courtroom because he refused to follow the court's rules and continuously disrupted the proceedings. He then filed a modification petition. His 2 premises were that 1) the order was made by default and 2) he now has more visitation time with our son. Are those reasons for an order to be modified? Can an order even be modified if it has only been 2 months since it was decided?

Can ACS keep your ACS case open after making a decision n giving services

Q: I had an case on hygiene with ACS for my 9 year old they found me indicated and gave me services now two mths later the ACS lady comes back n her supervisor told me my case still open n that they still investigating me I did fpp service n they gave me a preventive worker n home maker. Y are they still investigating me....

What can be done if NCP does not want to return child at designated court ordered time?

Q: The visitation order says Friday after school till Sunday 4pm alternating weekends. NCP has already expressed to me that he will be returning her at 6pm on Sundays instead and I have not agreed to that. The judge said 4pm on the court order. He has already stated that "it is not what I say and that I do not control the situation anymore". It is not right that he is trying to freely go around the court order. It has not happened yet but I want to know that if he does do this freely then what can I do? If the order says 4pm then he should follow what it says until the judge changes it, right? We are meeting at a common meeting place since my address is confidential and I do not want to be waiting around for 1-2 hrs for him to drop her off whenever he feels like it and then for me to take public transportation back home.

Friday after school pick up when there is no school that day?

Q: The temporary visitation order I recently received says father will get alternating weekends from friday after school to sunday at 4pm. That is all that is says and nothing else has been discussed as of now. Next hearing is in October. Her after school program and summer camp ends at 5:30pm. If my daughter doesn't have school that day, then what time is pick up for that day? Is it still the after school time which is 5:30pm?

How can my daughters father get hit with a acs case when my daughter isn't part of acs

Q: Had a pyshical fight in front of my children. My two kids I have acs case with was removed from my care but my daughters father have full custody no acs Case with my daughter. Had a child safety conference on Wednesday. Nothing was said about my daughter's father getting an case. Today is Friday my daughter's father got a call from acs stating that they want to see him and her. That a call was made anonymously Wouldn't they have hit him with a case on Wednesday during the child safety conference.

Can NCP buy sparklers for 6 year old? We live in the Bronx.

Q: While my 6 yr old was talking on the phone with her father I overheard that he had bought her sparklers for them to use on his next visitation day. Our daughter is 6 yrs old. Isn't this dangerous for a small child? Also I thought these things were illegal in New York city. What can be done? Should I just let it be? he isn't the smartest tool in the shed and I fear of her getting hurt. There is absolutely no communication between us and whenever I bring something up he gets defensive. We have a court date coming up before his next visit. Can this be addressed in front of the judge?

Can my child's father change her last name without my consent?

Q: The father is not involved in her life and does not pay child support currently. We have an upcoming paternity/support case( we were never married and he didn't sign the birth certificate) and all of a sudden he wants to change her last name to his. Can he change her last name to his if I say no in court?

What part of doctor bills am I responsible for if order states I am responsible for 100%. but the child has insurance in NY state

Q: Custodial parent is asking for doctor payments before submitting to child's insurance. It seems this dr. is a friend of their family. and they are claiming to they are making cash payments to is dr. But not submitting this through insurance. Support order states I am responsible for 100% medical. Is this before or after insurance. Order doesn't state.

How do I get my bridal set (Engagement ring & ring given at wedding) back if we live in different states & are now broken up?

Q: My High School sweetheart reconnected with me over Facebook in April-May 2011. We lived in The Bronx, N.Y when we were in H.S but she has since moved to York, South Carolina, a suburb of Charlotte, North Carolina. It was a long distance friendship that turned into love & we decided to get engaged in 2014. I visited on occasion & during a visit, I purchased my parts of the rings ( engagement & wedding ring- the bridal set). She didn't have enough for my ring but we had time. It wasn't a rush. During the past 2 years, I had medical problems as I suffer from sickle cell anemia & My 85 year old grandma has been very sick. She has gotten very impatient like she's in a desperate rush or something. Another thing is, I'm on disability for my ailment. On July 2, 2016, she decided after almost 2 years that I didn't love her enough. She claimed that she wasn't gonna give me the bridal set ( I do have the receipt) & said it was a gift for wasting her time. I really need help & advice on this situation as I feel I spent money I really didn't have a lot of on love.

Other ways to earn What petition do I file?

Q: My son's father and I have joint custody of my son. He has physical custody. However he will not allow my son to go on vacations with me. I lived in a different state for 5yrs and he never once brought our son to visit me. I moved back to the same state as my son so I can spend more time with him. I would like to have my son every summer.

Can I move without the other parents permission?

Q: Hello I'm the mother and I have joint custody with the father however my daughter lives with me 24/7 and I make all the important decisions pertaining to my child, I want to move out of the state of New York to Providence, Rhode Island to better myself and my daughter's future, also my daughters father has threatened me and my family plus he's a drug dealer and has been in trouble multiple times. So my question is can I move away with my daughter without the father's consent to better myself and my daughters future?

Is NCP supposed to notify me when child gets hurt during his visits?

Q: My daughter who is 6 yrs old has day visits every other Saturday with her Father. He lacks common sense and I always fear of her getting hurt while in his care. This has happened a few times when he used to visit her when she was little before we had a visitation order. Recently he was throwing a frisbee in the park with her and somehow she got hit in the face. From what my daughter told me he was very far away and throwing it with great force. The impact not only hurt her where she started crying and a first aid person had to place ice on her face but she received a pink circle bump on her face and a deep black and blue on the inside of her mouth. When he dropped her off to my father (since we do not come in contact with each other, his request) he did not say anything even when my dad questioned my daughter in front of her father. It wasn't until he took her upstairs that she told her grandfather there was a black and blue on the inside of her lip. I feel like NCP was being secretive. Is this okay for him to do? If she gets hurt while in her care that he can just ignore it and not say anything to anyone? No phone calls or texts letting me know?

Why if I am sending child support payments to my ex- wife I have received a summoned tto appear in court

Q: My wife and I agree to a certain amount. And now I received a summon from the court. Don't also understand the paper work should I contact a lawyer? This is my first time.

When/how should/must I inform my husband that he needs to move out (prior to filing for divorce)?

Q: I am a working mother of small children. Currently my husband resides with me in the same home, with our children - a situation that creates a lot of friction that seriously affects our life. The marriage is not sustainable any longer, but I am not sure he agrees. I plan to file for divorce but am still researching the process before I make this move. My apartment lease will be up at the end of next month, forcing my hand at some decisions. I plan to rent a new apartment for me and the kids (in the same neighborhood) and to inform him he won't be joining us in this home.
1. Can I do this before formally filing for divorce?
2. Is there a time frame before the move by which I am legally required to inform him that he's not welcome into the next apartment? (he does have the option to temporarily stay with his parents, who live ~1/2 hour away)
3. I plan to allow him to see and spend time with the kids, daily, if he wants, but want them to primarily live with me. What happens with custody before divorce is initiated?

Can Ex's Girlfriend post photos of my daughter on facebook?

Q: My ex and I have a very general visitation order that just addresses phone calls and every other saturday day visits. He lives with his GF. My ex hasn't been around for the last 6 years of my daughter's life and has recently gotten visitation. I don't mind my daughter spending time with her father and his GF. But both of them are not very nice towards me and numerous times have posted indirect facebook posts about me. I just noticed a new post that my EX's GF had posted and it was a picture of her and my daughter. If it was her father posting photos I would not mind but I barely post photos of my own daughter on social media and it makes me VERY uncomfortable that there are hundreds of people that I do not know seeing a photo of my daughter on this woman's facebook. Can I do anything about this?

Can I get an annulment?

A: Me and my husband have been married for 6 months and we want to end it but can an annulment be granted? We do not live together. We have been in a long distance relationship for the past 3 years and it has gotten to take a turn for the worst. We do not have anything together; no children, no house, no bank accounts. Nothing. I was going to try and get him to the USA but since we are divorcing, I don't care for that anymore. What is the easiest way to end this especially since we live in different countries? I like in NYC. He lives in the Caribbean.

Can my husband still get visitation with his children even if an unfounded ACS case showed up on his record?

A: My husband has 2 children he is trying to get visitation. He had a ACS case with his son mother said he child that was unfounded and 1 that was substantiated. He is a good father and just want to have visitation with his children

Why am I the only person paying child support?

Q: I pay child support for my daughter because her grandmother (from her father's side) watches her while I'm working full time and going to school. She takes my daughter to all of her doctor's appointments, etc. However, at the time we went to court, I was the only one with a job so I had to pay an amount from there on. The father didn't have a job so he didn't have to start paying. Three years later, I am still the only parent paying child support while the father isn't responsible for anything financially. I spoke to Child Support Services and the rep informed me that I would still be responsible for the amount I would owe to child support even if I do not have a job. I asked, "Then what about her father, what does he get away with paying nothing?" and she responded with "I cannot answer that, it's confidential". Which I understand, but I know for a fact that he doesn't pay anything from him telling me himself as well as his mother (Daughter's grandmother). Now, even more money is being deducted from my paycheck every payday due to "arrears due". Meanwhile, I pay for everything my daughter needs when I'm with her. I am planning on getting custody back now that I have graduated.

No court ordered to pay child support. I have paid all along. child will be 21 I plan on stopping. can ex take me to court?

Q: I have what I believe is proof I've paid. she never claimed the money I gave her and got caught by section 8. had to repay can she take me to court and claim I've never paid her?

Do i need to appear to a 1034 hearing

Q: An ACS worker came to my home asking for me and the mother of my child since I have had a previous report on me which was unfounded I thought it best to record this conversation. As I went to video record the conversation she refused and walked away handing me her card not before asking if the mother of my children were home, I replied no. She returned A few more times. I asked what are the allegations and she did not tell me saying she will be back with a court order. I do not know the location of my kids or her mother cause she lived in California and I live in New York. Even the father of my step kids is calling me asking as well if I know her whereabouts. I can't contact her because of a order of protection in place so I'm puzzled why they are coming to my home. Another knock on my door and once again I take out my phone to video record my conversation she is with two officers and hands me a Order for Investigations SEC.1034 to produce the children or to go to court. I say I don't know the location of the children or their mother and allow the officers in to see no one is home but me. I am being accused of DV as last time and that investigation was unfounded What should I do?

Can ncp request a police escort to my residence for pick up?

A: There is no designated pick up or drop off location in my visitation court order. Ncp has been picking up and dropping off at my address related to the court papers. But now he wants me to meet him at any precinct. I have refused and stated that he needs to pick up from my home. He claims that he will have a police escort to pick up his daughter at his next visit. He is only claiming this since I won't meet him at the meeting place of his choice. Can he do this? What would be the point of having a police escort? This would probably scare my six yr old which I already stated but he doesn't care. He said he wants a police escort to pick up his daughter for him and if I don't let the police escort take her that I will be arrested for violation and kidnapping. Can he do this??

Is ncp supposed to pick up and drop off at custodial parent residence?

Q: The court order for visitation does not state pick up and drop off. All it says every other Saturday 10am-6pm for parenting time. Is NCP supposed to get his daughter from my residence? What is the default pick up/ drop off if judge never specified? He has picked her up once and dropped her off once from my address related to all court papers. But now he is refusing and wants me to go meet him at a police station. What is the default pick up and drop off?

Why did Child Support freeze my bank account when my wages are garnished?

Q: Hello, My wages are garnished and child support services in NY froze my bank account for debt. Child Support entered the wrong number in the beginning and it took out double the amount the first paycheck. An extra $48 was added to the order for retroactive support. Now, my bank is levied for the full amount of the retroactive support. What can I do?

I have two children with my ex and a new baby with my current wife. Can CS be modified?

Q: I make 100,000. My ex makes 80,000. I pay 1875.00 a month for Child Support. I just had a new baby with my current wife. Does this qualify as a reason for CS modification and if so, will it reduce my current CS payment?

Married to a woman for 6 years and was divorced. 20 years later I'm retiring. Paper says she entitled to 6 years retirement.

Q: I was married for 6 years, in my divorce papers it states she gets some of my retirement. She owes me over 30,000 in child support. Since she won't sign off her rights for my retirement, how much will she get and also how will that work since she owes me child support. What should I do ? 

Originally the child support was decided in NY court. Later mother moved to CT. Which court should I file the modification in?

Q: Originally the child support was decided in the Westchester Family Court NY. Later the physical and legal custody of the child was given to mother of the child who decided to move to CT state and thereafter leaves for India. Now to move for modification of child support, which will be the appropriate court? Whether westchester or court in CT? 

How to divorce an inmate if you never lived together after the marriage.

Q: I married my daughter's father in an immigration detention center trying to prevent deportation. He was deported directly from the center and we never lived together. He's currently in jail for another crime. Can the marriage be voided since he was deported and we never lived together? 

Can I (Dad) file a petition for joint/full custody under these circumstances?

Q: We have a 3 year old son with "special needs" and is currently being provided with services that involve home/school-based sessions for 20 hours a week (2 hours per each session, totaling 4 hours a day). Long story short,his mom has been involved with someone for about 2 weeks now and I have not seen or heard from my son for a week. Mom ignores my calls/texts and demands I do not contact her because she doesn't want her "significant other" to find out. The two work together. Mom is currently under my phone plan and according to the call log, records indicate excessive conversations between the two for many hours a day, especially while she is home with the kids (her 7 year old daughter, who also sees me as dad). In addition, my son has not been showing up to school nor receiving his daily sessions and I have confirmed that with both his therapist and school teachers. When I was allowed to visit the kids at home, the kids were usually left unattended, as I had my own key to enter. I am afraid that the level of neglect has increased substantially. My mother stated when she picked up the kids from daycare, they smelled, the daughter's knees were black and nails were dirty.

How do I get my ex-wife to contribute her 1/2 of our boys' medical expenses as well as their college funding?

Q: We have a divorce agreement that stipulates her responsibilities (see above). For 18 years I had medical coverage deducted from my bi-monthly paychecks She has never paid a dime in all that time. Also, the $40,000 dollars contributed to my sons' 529 college plans are also totally funded by me. She is now claiming her 50% of my teacher's pension (as is her right) leaving me in dire straits, financially. What are my options? 

Can he cut off all financial support?

Q: My friend took her kids and filed an order of protection. There was a lot of abuse. Her husband flew to Florida to his parents house even though CPS was supposed to drug test him. He left before he received the restraining order. He text her he was staying in Florida. She just found out today he canceled her credit card and she has no money to even support her kids being she has been a stay at home mom their entire marriage. is it legal to cut off all financial support and flee to another state before his drug testing? 

Are there any residential behavioral treatment facilities in New York that will accept my child without me giving up my rights?

Q: I have a son that is diagnosed with ADHD/ADD combined, adjustment disorder and reactive attachment disorder. He is hitting teachers and students in school and is very unbearable at home. He goes to therapy, but that is not working. I am considering putting him in a residential treatment program, but this is voluntary placement on the behalf of me, the mother, not referred.

I want to know if my wife divorced me, we lost contact 20 yrs ago, she used resides in Queens NY. What i can do?

Q: We got married in 1992 in Queens, NY and separated a year after.
A: David's Answer: Online searches probably won't reveal your divorce, simply because the only thing registered in e-courts (on matrimonials) are contested cases. Moreover, asking for your judgment to be mailed to you may entail verification of your identity. Thus, its probably quicker & cheaper to go to the courthouse & perform a search on their computer yourself. Call a Westchester Divorce attorney for more info. - David Bliven, Westchester Divorce Attorney.

Can I file documents with the court (Family Court - Westchester, NY) in support of petition filed?

Q:  Looking to see if I can file documents (evidence) in support of a petition for visitation that was filed by a family member (who is also the Plaintiff). Like a memo of law in support of petition filed? Family member has no attorney, can't afford it and looking for a paralegal to help her at court hearing. She is pro se and elderly (80). Any suggestions would be great.

Should I meet with my husbands lawyer?

Q:  My husband says that things could be easier if I sat and talked with his lawyer to get a better understanding of things. He says I don't need to spend a ton of money to get a lawyer, that we could come to an agreement on our own. About custody etc, but he had a lawyer. ant advice if it's a good or bad idea?

My husband and I have been married over two years ,but from we got married he disappeared,i am a illegal alien,i came here in

Q:  Inn1997 just got married he is a citizen,i have 3 kids two was born here,none I'd for my husband,so what can I do to be come a green card holder?Are do i of to get a divorce

Can I move out of the the state if I have sole legal and physical custody of my child and the father has no visitation rights?

Q: I live in New York and have sole legal and physical custody. The father has no visitation rights and hasn't seen the child in years (hasn't had visitation rights in years). Do i need the courts permission to move? Do I need to notify the court? I don't even know where my childs father is located. 

Can I reopen a divorce case after was finalized?

Q: I finalized the divorce with my ex-spouse a year ago. I sign a No-Fault ground divorce decree. She is a lawyer. When we were married she just to tell me that her Juris Doctor belong to both because I worked while she went to school. I had to admitted when she graduated it was one of the proudest moment of my life. I was a wheelchair technician at the time. After 13yrs the marriage was over. I'm moved to New York because she got hire by Phillips Morris and we have a 7yr old daughter. She remarried. I'm working for the State of CT but I'm struggling because the expenses are higher than Kansas City where we lived before. I just found out that the law degree in fact is a common asset. I put to much on the marriage even my VA loan is attached to the house in Kansas City (I served for 7yrs). The divorce was finalized in White Plains NY.
Please advise. 

Is adultery still valid as part of divorce if it has been more than a year and does it affect alimony?

Q: My husband and I are going to be going through a divorce. He cheated a few years back and I retaliated and cheated almost a year and 9 months ago. We went to therapy and have tried to make it work for over a year. He now tells me that I am entitled to nothing (ie Alimony/spousal support) as I committed adultery and that he will prove it and I do not stand a chance at gaining anything. This is really terrible as I've don't nothing but try and I don't even want this divorce even though we've hurt each other. Any advice I would appreciate. 

How can I check to see if my husband has really filed divorce?

Q: My husband has said for the past 2 1/2 weeks that he has already filed or that the process has already started. I've checked the website as we live in New York, but nothing comes up. I also checked the Bronx online but nothing comes up. I called the ny clerks county office and they said I should look online. Anything else I can do? Has he possibly not filed? Or is it just not showing up online? We live in the Bronx, NY. 

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