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Westchester Divorce Attorney Archives

Q: How long does the filing of an uncontested divorce take in Westchester County in NYS?

Q: Our agreement is final and signed, my lawyer filed the papers with the court. Now we are just waiting for the judge to sign and the clerk to enter. How long does this typically take? I read on this site that it depends on the county with the boroughs being a long wait but with Westchester being pretty quick. Can anyone confirm that this is pretty accurate and estimated time frame? I will be looking at before the filing is complete? 

Q: How can I get copy of deposition that X gave during divorce 2018?

Q: X told many lies during deposition and I never got a copy. Two years later he is pulling more nonsense and wants our divorce stipulation agreement changed about his life insurance policy and I'm receiving emails from my X attorney. I want copy to stop nonsense and possibly get arrears due to me. He left marital home two years before legally divorced and I never got temporary child support or alimony and bills for 6000 square foot home exceeded $10,000.00 and I was homemaker and married 19 years and youngest son... 

Q: Can you file a separation agreement that allows you and your spouse to continue to live at the same address?

A: Theoretically yes, so long as you're living in separate portions of the same house (e.g., one lives in the basement, the other on the 1st floor). The agreement should also (among other things) divide out how the actual separation will play out, and who pays what while you're, in effect, under the same roof. Call a Westchester Uncontested Divorce attorney for more info. 

Q: What is the statutory minimum that I would be ordered to pay? Would it be fair for the court to consider my stocks and house?

A: The issue is that you'd need a medical report from your Doctor stating, among other things, that you're totally disabled and cannot perform any form of work. If that's not your case, then you'd need to look for work in fields given your limitations. Schedule a consult with a Westchester Divorce attorney for a full assessment. 

Q: How can I receive the documents stated in my divorce stipulation agreement

A: The best thing to do is to write specific correspondence to X pointing out the perceived discrepancy & asking X to clarify and/or rectify same. Also make reference to the section of your agreement which provides for same. Call a White Plains Uncontested Divorce Attorney for more info. 

Q: My Ex-spouse never took me off the mortgage?

A: If you file an order to show cause to force a sale of the home, and he doesn't have the money to reimburse your counsel fees up-front, then most likely the court will just order that the fees be taken from his share of the home equity. Schedule a consult with a White Plains Divorce attorney for a full assessment. 

Q: What happens in a divorce when one spouse their personal property in a trust?

A: If a spouse deposits marital money into a trust account, that generally remains an asset of the marriage. Even though keeping "separate accounts," generally what's yours is your spouse's & vice versa. Schedule a consult with a Westchester Divorce attorney for a full assessment. 

Q: Inheritance Home?

A: No - merely because you did repairs to the house does not convert it to marital property. That said, if you can prove the repairs you did increased the value of the house, you may be able to recoup 1/2 of the the "active appreciation" of the house. Schedule a consult with a Westchester Divorce attorney for a full assessment. 

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