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Westchester Divorce Attorney Archives

Is there anything I can do to get this done?

Q: Back in 2006 my "ex" wife filed for divorce (which was mutually agreed on) we had gone back and forth with the paperwork and the last thing submitted to the courts was in 2007. 2 years ago, I went to the county clerks office to obtain a new file number but was told that was not necessary, since one was already obtained years earlier. She instructed me on the last bit on paperwork that needed to be submitted and then we just wait for the judge to sign off on it. My ex (defendant) will not sign the paperwork. We have been apart since 2006 and are both in serious relationships. Is there anything I can do besides hiring a lawyer and going the "contested" route? I was told that if I submit the paperwork without her signature and prove that she was served that I could get a divorce by default. Any advice anyone can give me is greatly appreciated!

Being that such an arrangment is unlawful in NY from the "get-go", can I have her support terminated?

Q: My now ex-wife took me to a NY FamCt 8 yrs. ago, for child support and support for her. She got both, but the Support Magistrate made her spprt for life. Yrs later, we were going through div proceedings in a NY Suprme Crt. During a conf, my wife told the judge that I have to spprt her for life. She was incredulous saying, "In my 30+ years of practicing law, I never heard of such a thing. If you show it to me in writing, I'll faint." The Fam Ct faxed over the Order, and the jdge told me to file an Order to S C, which I did, and it was addressd at our next conf. The judge then apologized being new to Matrimonial, she didn't know, stating that since it originated in Fam Ct, I have to commence an action there. Ultimately, we entered into a stip,( if we didn't agree within 5 minutes, the judge was going to decide the mttr; bad idea!) whereby I agreed to keep paying her spprt. It was incorporated into our Judgmt of Divorce. Now we're divorced, and I'm struggling financially, and told that to the Support Magistrate. She's sending me back to the same judge in Supreme Ct, because it's a "higher court". I feel like I'm stuck on a bridge between the US + Canada, and no one is letting me in.
A: It seems as though you would've benefited from competent counsel representing you. The answer: in Family Court, an award of spousal support may be entered "for life" - but only with the proviso that you remain married. That's why they call it SPOUSAL support. Once you're divorced, you're no longer a "spouse" and thus any Family Court order to that effect would be void(able). That said, if you entered into a written agreement of maintenance in Supreme Court, then the only court which can modify an agreement like that is Supreme Court. Schedule a consult with a Westchester Divorce attorney for more info.

Can I be divorced without signing any paperwork or being notified?

Q: I wanted a divorce my husband at the time didn't want me to have his address so i.got to understand he went ahead and got a divorce I wast not notified of a divorce or got any paperwork to sign I was told by his family members that we are divorced I have asked for a copy of the divorce papers and was told that he is sure I got a copy, I have tried getting a copy but I do not know when and where the divorce took place.

How do I get him out of the house?

Q: My husband has been living at a casino 3 hours away in "comped" hotel rooms for 5 out of 7 days a week for the past 3 years. He has never contributed to our household. He has gambled with money from a premarital accident settlement. However, we live in an apartment and i don't have the means to move. My name is on the lease. My mother pays the rent and helps me with my bills because I'm a nursing student. I have such anxiety when he does come home that I can't sleep. What can I do? How would I serve him if he's mostly living in a casino??

I have been divorced for one year. In the terms of my settlement I was awarded half of my husbands SEP IRA despite numerous att

Q: difficulty with IRS due to ex husband, have in final divorce agreement that he is responsible I don't know how to make them stop

What should I do as the spouse of a mentally ill Non Custodial Parent who has a child support hearing and cannot attend?

Q: My husband owes money for child support arrears. He has not worked in many years. He was undiagnosed until about 2 months ago with Bipolar I, after being hospitalized. He is unable to leave the house due to delusions and manic behaviors. He has had several episodes and cannot attend the court hearing scheduled. What can I do? Can I go in his place? Can I ask the court for a modification? Can I ask for the hearing to be reschedule until my husband has become stable? Please note that he is under a Psychiatrists, therapists,and neurologists care. Any guidance is very much appreciated

Removing my husband's name from the house deed after the divorce agreement is signed?

Q: The divorce agreement states that his name should be removed from the title within 5 days...How do I do that without having to paying transfer tax...Currently the house is under my name as well as his.
A: Produce a quitclaim deed to him & ask that he sign-off on it. As for the tax question, you're best advised to consult an accountant. Call a Westchester Divorce attorney for more info.

Can I sue my ex to share college expenses I have already spent for my son? My son will be 21 in few weeks.

Q: The divorce decree says the parents should share the college expenses based on their respective ability at the time such expenses are incurred. In the decree the Judge has ordered that each parent can take turn in claiming our son as dependent on tax returns. When my son started his college I requested(texted) my ex to stop claiming him on his tax returns, because he was not sharing any college expenses. He agreed to my request (nothing on paper, he has no screen shots saved of that agreement) Can I simply state that no such agreement was made and demand that he reimburse me his share of the college expenses that I have already spent?

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