Q: So I finished my probation a couple months ago.. And recently I was on a cruise our first stop was Florida. The police come onto the ship arrested me for a warrant for probation when I finished it.. The probation officer called them to say there should have been no warrant but wasn’t good enough.. The probation officer had…Read More
Q: I married in Honduras and my wife has remained there since. We had a child a year before we married. Our child was born in Honduras. I was born in Honduras but became a naturalized citizen in my teens. A: David’s Answer: You can file in NY (assuming you meet the residency requirement). However, you may have issues establishing…Read More
Q: through a divorce and I have proof that they’ve been covered since the day they’ve been born. I had to defend myself in Supreme Court, and obtained a letter from my carrier as proof. We just entered into a stip in Supreme Court and should be divorced in less than a year. I am terrified of this particular magistrate…Read More
Q: Am I responsible to 21 even though they moved to CT which has a cut off age of 18. A: David’s Answer: Assuming the order was issued in NY, then you would need to keep paying until 21. You’re alternative is to move to Connecticut, as then you may be able to move for modification there. Schedule a consultation…Read More
Q: I have been in this marriage for 23 years wanting to work things out. Things have gotten worse in few years. Last year had a massive heart attack and things have gotten worse than better. I want to leave the marriage but separate rather than divorce. I want him to pay for kids only because I know he is…Read More
As reiterated in a recent New York Court of Appeals decision (Galetta v. Galetta), separation agreements and pre-nuptial agreements must be properly executed (in the same manner a deed is executed) and must be notarized. The failure to do both of these items will almost always result in the agreement being invalidated. This is why there’s a danger in getting…Read More
Q: I have residential custody of our ten year old daughter. I live in the city and he lives over an hour away by train. He has dinner with my daughter one night a week. I have a work dinner so I’ve asked him to drop her off at my friend’s house until I pick her up. He refused and…Read More
Q: Hello, my spouse and I are filing a same sex divorce. This is a link to the instructions we are using to fill out the form. https://www.nycourts.gov/litigants/divorce/UCS_… Our understanding is that N.Y.S. removed the words “husband” and “wife” from all uncontested divorce forms to accommodate same sex marriage/divorce. We filled out the uncontested divorce forms and these words do…Read More
