Q: I was never notified that my husband filled for divorce, he had his friend state that I was served with papers but I have proof that I was never served. He got the divorce but he has my name wrong because I never took his name when we got married but the divorce papers shows my last name Hyfenated…Read More
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. A: If you’re already divorced, you cannot get “re-divorced.” And while in theory you could have filed a motion to…Read More
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…Read More
Q: I have recently moved from NJ to NY with my wife. While the marriage has been deteriorating, it has recently taken a turn for the worse and I want to divorce as quickly as possible. We have no children and do not own a home, so it should be relatively hassle free, but she refuses to get a divorce…Read More
Q: My wife and I want to take the retiring plan of if i passed away she would continue to get my retirement after my death. Can I do that even tho I have a xwife of 6 yrs. also my xwife owes me years of back child support whst can I do to not have her get my retirement…Read More
Q: Family court case in the Bronx ran from March’16 to Dec’16 Divorce commenced Jul’16 to present. Can the more monied spouse be forced to pay family court counsel fees in Westchester Supreme Court at finalization of divorce? A: David’s Answer: Generally no – there is no provision for the Divorce Court to include an award of counsel fees as…Read More
Q: So the divorce went through-was granted and the prenuptial agreement was not addressed. Does that mean it is now invalid then? A: David’s Answer: The prenup, if it was not incorporated into the divorce judgment, is null & void. It’s very purpose is “in the event of a divorce . . ..” That said, it may pay to have…Read More
Q: Are you divorced once the judge makes a decision or do you still have to submit paperwork and wait for it to be finalized for divorce to be final? A: David’s Answer: No – a mere decision simply resolves 1 or more issues which were contested. To get divorced, one must still submit to the Judge for signature the…Read More
Q: Hello. My soon to be ex-husband was added to my house title which was only in my name (now in both our names). He is not in the mortgage (only me). I am about to get divorced and I am staying in the house. I intend to live there for another 5 years. Can I sell the house without…Read More
Q: My ex husband sued me for divorce. The judgment for divorce was rendered in 2014. The judgment required us to sell the marital property, but my husband has sabotaged every effort to do so by refusing to sign the contract for sale, and other things. There is a pending foreclosure case where a summary judgment for an order of…Read More
