Q: New York is taking out a percentage of my retirement to my x spouse. They take it out every month however my x spouse doesn’t do anything with. It is just staying in the ny account. Since she doesn’t touch it. Would I by chance get it back if she does nothing with...
Westchester Divorce Attorney
What are NYS laws on pension/retirement benefits for ex spouse ?
by davidbliven | Oct 28, 2020 | Westchester Divorce Attorney
Q: Married 21 years, divorced 1 and half years. Homemaker for entire marriage. Reread divorce stipulation agreement and there’s nothing about what, if any, benefits I may be entitled to on my X spouses retirement plan. The agreement doesn’t mention anything about it....
Can I move back into my home when exclusive access time period ends?
by davidbliven | Oct 15, 2020 | Westchester Divorce Attorney
Q: My ex wife had exclusive access to a home both her and I are on the mortgage. The exclusive access ends next year. A sale is supposed occur but if this doesn’t happen because she refuses to sell, will I then have full access to the home when the exclusive access...
Is it normal for Note of Issue to be pending for almost 3 weeks in divorce process?
by davidbliven | Oct 13, 2020 | Westchester Divorce Attorney
Q: Hello. Note of Issue and RJI were submitted and fees payed almost 3 weeks ago and document status in NYSC e-filing system is still showing as "pending". Is that normal? There was no feedback from the court. A: Yes - it usually takes upwards of 3 months (sometimes...
Is there a statue of limitations on divorce in New York state? She just got a copy of the court file this week?
by davidbliven | Sep 30, 2020 | Westchester Divorce Attorney
Q: Our friend was divorced in NY ten years ago and never got any of the court papers. She didn't even know she was divorced. The court file shows the following: 1. Plaintiff-Husband claimed to live in Mount Vernon NY but in fact we believe this to be false because he...
How do I get my to ex honor agreement to pay college expenses for our child?
by davidbliven | Sep 22, 2020 | Westchester Divorce Attorney
Q: In addition to child support, our divorce decree requires we split our child's college expenses (tuition, r&b, fees, etc) 50-50. This year our child asked to live in an apt off-campus. In a lengthy and detailed email to my ex, I proposed that for this year, he...
I am a stay at home mom of two kids and am considering divorce, but how can we move out of state?
by davidbliven | Sep 22, 2020 | Westchester Divorce Attorney
Q: I am a stay at home mom of two kids (2&3 years old). I am unhappy in my marriage and am considering divorce, but would like to move to CA where I have familial support. We currently live in Westchester County, NY, and I have no family or strong support system...
How do I get my to ex honor agreement to pay college expenses for our child?
by davidbliven | Sep 18, 2020 | Westchester Divorce Attorney
Q: In addition to child support, our divorce decree requires we split our child's college expenses (tuition, r&b, fees, etc) 50-50. This year our child asked to live in an apt off-campus. In a lengthy and detailed email to my ex, I proposed that for this year, he...
I am a stay at home mom of two kids and am considering divorce, but how can we move out of state?
by davidbliven | Sep 18, 2020 | Westchester Divorce Attorney
Q: I am a stay at home mom of two kids (2&3 yrs old). I am unhappy in my marriage and am considering divorce, but would like to move to CA where I have familial support. We currently live in Westchester County, NY, and I have no family or strong support system...
I am a stay at home mom of two kids and am considering divorce, but how can we move out of state?
by davidbliven | Sep 2, 2020 | Westchester Divorce Attorney
Q: I am a stay at home mom of two kids (2&3 yrs old). I am unhappy in my marriage and am considering divorce, but would like to move to CA where I have familial support. We currently live in Westchester County, NY, and I have no family or strong support system...
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