Q: Contested divorce….Court ordered me to give my soon to be ex a specific amount each month but they did not advise me where to make the payment…So in good faith I paid my ex the amount ordered by the court…However because I didn’t pay it on a certain website/app they garnished my salary so my ex was simultaneously getting…Read More
Q: I am in New York. 7 years ago, there was a domestic incident between me and my wife. No one was arrested at that time. My wife was advised to get an temporary of protection and so she did. Few weeks later, we settled in peace. When we went to the family court, she withdrawed the case. This in…Read More
Q. I’m on a car loan with my ex-partner. We have gone through mediation to settle finances. He has been the main driver of the car since it was financed last May. I left at the beginning of August 2024 and he has had the car since. We came to an agreement in mediation that he would take possession of…Read More
Q: Got married in May of 2016 and though my wife changed her mailing address to my house via her NYS drivers license she never moved in the house. She has all other documentation (credit cards and personal checking account) addressed to her mothers home. I added her name to Conedison and Verizon Wifi bills. We do not have any…Read More
Q: So me and my soon to be ex-wife decided we did not want to go through the terrible reality of fighting in court and actually have a very functional relationship. So we decided to go the uncontested route, in doing so I hired a lawyer and we drew up a 70 page separation agreement which we are using as…Read More
Q: I am getting a divorce and wondering how to treat separate property, specifically our individual retirement plans that we had prior to getting married as well as real estate that my husband owns in NYC. Are appreciation and interest accrued while we were married split evenly? A: Retirement assets are generally divisible based on the active appreciation from time…Read More
Q: We bought house together but his name is on mortgage. A: Generally you would receive 50% of all marital assets - his name on the mortgage doesn't change that analysis. You may also qualify for alimony and/or support. As such, you're best advised to call a Westchester Divorce Attorney to schedule a consult for a full assessment.Read More
Q: We were together for over a decade and I supported him by paying half of everything in order for him to save money. He promised me one of the investment properties acquired during the relationship but that is no longer on the table. A: New York does not recognize common law relationships - as such, there doesn't appear to…Read More
Q: Hello. I am a Russian citizen and moved to the US in March 2023. I had a son in the marriage, then we got divorced and my ex-husband banned the child from leaving the country, but I have 100% custody, I live in California, my ex-husband lives in New York. If he makes a visitation schedule, how long can…Read More
Q: My spouse and I owned a home. Sold it over a year ago and split whatever monies were left after paying off debt. Is she entitled to any of the portion of the money that was my split after the divorce. A: Its possible the Judge authorized 'substituted service" (which includes the summons being taped to your door), so…Read More
