Q: Upon completion of the transfer herein to wife, wife hereby indemnifies and holds husband harmless from and against any claims and or liabilities with respect to said premises, including but not limited to payment of maintenance, mortgage, taxes, water/ sewage charges, insurance and utilities A: No - that particular language is merely an indemnification clause. One would need to…Read More
Q: So my ex signed the papers, and my lawyer filed it with the court on August 11th, 2022. It was an uncontested divorce, no kids or property shared. Basically no fault and just a very simple split. He wants nothing, I want nothing. I just want to know the realistic timeline that I'm going to have to wait for…Read More
Q: Getting separated from wife. She wants spousal support. I pay child support from a previous relationship. Can I deduct the child support from my income? A: The way the statute reads, it's technically payment of maintenance (a/k/a spousal support) which gets deducted form income before calculating child support. Often times, however, cases resolve themselves by doing the reverse calculation…Read More
Q: If my sons mother loses her job and isn't actively seeking another and we have equal shared custody, what can I do? I'd like to petition the court for full custody. A: Financial ability to support a child is but 1 factor in a custody determination. There are numerous others which need to be analyzed, including length of time…Read More
Q: Are there any circumstances where visitation rights don't end at 18? I was told they end at 21, but I don't believe it. A: There are no circumstances under which jurisdiction to modify/enforce visitation can be extended beyond age 18 in New York. For a full assessment, contact a Bronx Divorce Attorney.Read More
Q: Can me and my spouse get a divorce if we live together? A: The short answer is yes. Indeed, you may even terminate the marriage & continue to live with each other thereafter. For a full assessment, schedule a consult with a Bronx Divorce Attorney.Read More
Q: "I got divorced in Dominican Republic but none of us went there. We were married in NY but when we got divorced we were living in Florida. I moved back to NY and he stayed in Florida and he lives in a house that we both bought while we were married.. Now people are telling me I'm not divorced…Read More
Q: "After almost 2 years my ex is still unwilling to agree to a divorce settlement despite the fact that we have no property, spousal support assets/debts etc. to consider. We only have child support for our 8 year old child. I wanted to know if I could ask the court based on all the discovery submitted by way of…Read More
Q: I am divorced and my ex wife is in agreement to get removed from the deed. Can anything be done without going to court? A: If the issue was addressed in your divorce settlement agreement, then you must abide by the agreement, or do a modified version. If the issue was not addressed - and there's consent - then…Read More
Q: My spouse and I have been separated, he's moved on and I want a divorce. I was told that I'd need his social security number, but he refuses to give it. A: Yes - if children aren't an issue in the case, then file an application with your judgment package requesting the Court dispense with the need to submit…Read More
