Q: Back in 2006 my "ex" wife filed for divorce (which was mutually agreed on) we had gone back and forth with the paperwork and the last thing submitted to the courts was in 2007. 2 years ago, I went to the county clerks office to obtain a new file number but was told that was not necessary, since one was already obtained years earlier. She instructed me on the last bit on paperwork that needed to be submitted and then we just wait for the judge to sign off on it. My ex (defendant) will not sign the paperwork. We have been apart since 2006 and are both in serious relationships. Is there anything I can do besides hiring a lawyer and going the "contested" route? I was told that if I submit the paperwork without her signature and prove that she was served that I could get a divorce by default. Any advice anyone can give me is greatly appreciated!
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 life. She was incredulous saying, "In my 30+ years of practicing law, I never heard of such a thing. If you show it to me in writing, I'll faint." The Fam Ct faxed over the Order, and the jdge told me to file an Order to S C, which I did, and it was addressd at our next conf. The judge then apologized being new to Matrimonial, she didn't know, stating that since it originated in Fam Ct, I have to commence an action there. Ultimately, we entered into a stip,( if we didn't agree within 5 minutes, the judge was going to decide the mttr; bad idea!) whereby I agreed to keep paying her spprt. It was incorporated into our Judgmt of Divorce. Now we're divorced, and I'm struggling financially, and told that to the Support Magistrate. She's sending me back to the same judge in Supreme Ct, because it's a "higher court". I feel like I'm stuck on a bridge between the US + Canada, and no one is letting me in.
A: It seems as though you would've benefited from competent counsel representing you. The answer: in Family Court, an award of spousal support may be entered "for life" - but only with the proviso that you remain married. That's why they call it SPOUSAL support. Once you're divorced, you're no longer a "spouse" and thus any Family Court order to that effect would be void(able). That said, if you entered into a written agreement of maintenance in Supreme Court, then the only court which can modify an agreement like that is Supreme Court. Schedule a consult with a Westchester Divorce attorney for more info.
Q: My husband filed for uncontested divorce and I signed the waiver which states "I appear in this action, however, I do not intend to respond to the summons or answer the complaint, and I waive the 20 or 30 day period provided by law to respond to the summons or answer the complaint. I waive the 40 day waiting period to place the matter on the calendar, and I hereby consent to this action being placed on the divorce immediately" My question now is when the divorce is finalized, do I have to sign the final decree? If so will I need to go in to court to sign or will he have to serve me those as well? Can I request to go to court and sign instead?
Q: what does it mean summons & verified complaint in the system? Does it mean that the actual divorce papers were file or just a summons? I was told it was file by the attorney does it mean that its just a summons not the actual filing of the divorce papers
Q: I am going through a divorce in the Bronx. My wife thinks I'm psychotic and refuses to let me see our kids without a babysitter. I have been discharged by this M.D. and he charged my general practitioner with prescribing medication, which I take. The judge asked me for a letter to this effect from the doctor. He doesn't answer my calls nor my emails. It's downright humiliating and expensive to have a babysitter accompany us wherever we go..movies, restaurants, family events.... Nobody ever accused me of being a threat to them, and I'm the proverbial "98 Lb Weakling". Both of them, ages 12 and 13, are bigger and stronger than I am. I want to sue this guy; he has a professional obligation to provide me with documentation that can help me and he knows of my court battle. I want to sue him for the $1,000's that I will be incurring for these coasts over the years. They will be at regular intervals, and pretty-much set time frames. All I want is a simple letter, and this will be alleviated.
Q: I wanted a divorce my husband at the time didn't want me to have his address so i.got to understand he went ahead and got a divorce I wast not notified of a divorce or got any paperwork to sign I was told by his family members that we are divorced I have asked for a copy of the divorce papers and was told that he is sure I got a copy, I have tried getting a copy but I do not know when and where the divorce took place.
Q: We both agreed on divorce. He filed the petition for divorce, as the petitioner, about 1 month ago. I signed and filed a waiver of contest, so the divorce should be uncontested. As far as I understand, the only step left is to have the final divorce decree signed and taken to a judge. He is now refusing to do this, and it is my understanding that as the petitioner, he has to be the one to do it. He's holding this divorce over my head to keep me unhappy, and I just want it to be over. What can I do to finish this divorce?
Q: Married 4 years, moved into his co op, He cheated, multiple times, and, recently won a personal injury case...
Q: My husband has been living at a casino 3 hours away in "comped" hotel rooms for 5 out of 7 days a week for the past 3 years. He has never contributed to our household. He has gambled with money from a premarital accident settlement. However, we live in an apartment and i don't have the means to move. My name is on the lease. My mother pays the rent and helps me with my bills because I'm a nursing student. I have such anxiety when he does come home that I can't sleep. What can I do? How would I serve him if he's mostly living in a casino??
Q: difficulty with IRS due to ex husband, have in final divorce agreement that he is responsible I don't know how to make them stop