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Westchester Divorce Attorney Archives

How do I get divorce if my spouse left the country?

Q: I was married to my spouse and we decided to get uncontested divorce.. but unfortunately my wife has left the country before she sign the papers and she won't be able to comeback to the U.S for 10 years because she overstated her visa.. what should i do?

I am seeking divorce from my husband but again he is in jail. How do I serve him separation papers?

Q: My husband has been in and out of jail drug court through the past year and half. I would like to file divorce but do I have to wait a year to file or 6 months? We have been separated since last year September. We have a child and there are no custody issues as he can not see his son, and I am not asking for child support.

How can I collect on an equity agreement from our divorce ? It was agreed when the house is sold , its been 15 years.

Q: We divorced 2003, at the time I was entitled to 50% of the equity while we were separated. I also for some reason put in my 2 children's name.I know he has paid off the house but still lives with his current wife.I am having a change of life and need the money ..Is there any legal right for me to persue?

What can I do if my name was forged on a preliminary conference stipulation/order

Q: I can not afford an attorney although my wife can, we went to meet with the court referee. I signed one order, preliminary conference stipulation/order contested matrimonial. Today I received documents in the mail from her attorney which included a copy of that order plus a "stipulation/order with respect to grounds for divorce" which I had never signed but has a signature of my name not similar to mine

My husband refuses to put my name on the deed, am I protected in the future?

Q: My husband and I were purchasing a home together. I have two children from a previous relationship and we have one child together. A week before we are set to close he tells me he wants me off the deed (mortgage is in his name only) and he made me sign a paper from a lawyer removing me from all aspects of this. He said he doesn't want my two kids from a previous relationship ship to ever be entitled to the house. Am I protected down the line if we get divorced? Will I get kicked out of the house?

Can I change the grounds for divorce from uncontested to adultry after a divorce decree has been signed after 5 yrs?

Q: I wish to remarry. But because of my religion , I can only do so if my first marriage ended on the grounds of adultry. My ex wife filed for the divorce, but she filed for an uncontested divorce.

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.

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