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
Q: I have left the house to take care my parents in another country. I want to file for a divorce, but my wife would not communicate with me. A: David’s Answer: Generally an uncontested divorce in Westchester lasts 3-6 months. Attorneys fees vary widely based on a number of factors (including experience), so expect to spend anywhere from several…Read More
Q: I am considering a divorce and my husband said he will contest to half of everything i have. He never made any contributions to any of my accounts and all my accounts are not joint or comingled at any point. Would he be able to get his hands on my personal checkings, investments and savings accounts if i were…Read More
Q: We been separated for 6 years and i moved to New York? A: David’s Answer: Sure – although he’s not obligated to sign the Affidavit of Defendant. Moreover, if you’re seeking any kind of ancillary relief (child support, child custody, alimony, equitable distribution of assets, etc.), there must be a clear basis for jurisdiction over him. Schedule a consult…Read More
