Q: I was married for a little over 9 years and then my wife filed for divorce. We were separated for about 8 months and she finally signed the divorce agreement 3 days after what would’ve been our 10 year anniversary. Given the fact that we were no longer living together as man and wife, is she entitled to collect…Read More
Q: Ive been married for 5 years. I want to get a post nuptial agreement. Can my spouse sign one without having her own attorney? A: The answer is yes - there is no requirement that both sides be represented by counsel. The only requirement is that both sides be advised they have the RIGHT to be represented by counsel…Read More
Q: Our child was enrolled in a public highschool in the city I work/live but my spouse enrolled our child in her village (another county) during the pandemic. Our child wants to be re-enrolled in her previous highschool but my spouse is strongly opposed. We are running out of time since schools starts in 3 weeks, what are my legal…Read More
Q: We’ve been married since 2017 and were agreeing for a divorce. We have no kids together and do not own anything together. I want my maiden name back and to get this over with. A: You would file the divorce in the same court as any other divorce – in Supreme Court in the county where you reside. You…Read More
Q: Hello. Judge signed our uncontested divorce a couple of weeks ago ago and I am wondering do I have to serve anything officially to my ex-spouse at this point. We’ve e-filed all documents via NYSCEF, both have accounts in the system and full participation was recorded. We both have access to all the documents in the system. Thank you.…Read More
Q: My husband is a retired correction officer he has a pention and a retirement account but doesn’t want me to have anything. A: Your remedy would be to file for divorce. The general rule is that you’re entitled to 50% of the marital portion of retirement. Schedule a consult with a Westchester Divorce Attorney for a full assessment.Read More
Q: We have been married for 32 years, I found out he was having an affair and he packed his bags and left the country to be with this women. I am a stay at home mother to our three boys. He has cut off everything, he has a house under his name that we rent out. Would I be…Read More
Q: Facing divorce, I pay my spouse out. We are both on deed, only me on mortgage. Is Interspousal transfer deed or quit claim deed any different in transfer tax in NY? Will this cause re assessment of property tax, make it go higher? How it might affect the selling of the house in the future? I appreciate your reply…Read More
Q: I live in new york and i have been married for a year and a half. our daughter is 11 months old. i cant live with my husband any longer due to his anger problems towards me and her. he is very verbally abusive and he grabs my child way from me. am i allowed to take my daughter…Read More
Q: 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 the agreement’s been in place, compliance therewith, availability to the child, preference of the child (depending also on child’s age), etc. You’re…Read More
