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Posts tagged "Westchester Divorce"

Q: How can I get a divorce if my spouse lives in another state?

Q: I am not sure of an address because he is not willing to co-operate with giving any information. He does not want to sign the papers. We have been married for 18 years in NY state and separated for about 6 years. 2 children ages 19 and 14 no assets are involved. I also have limited resources so not really able to afford thousands of dollars for attorneys fees. 

Q: What is the statutory minimum that I would be ordered to pay? Would it be fair for the court to consider my stocks and house?

A: The issue is that you'd need a medical report from your Doctor stating, among other things, that you're totally disabled and cannot perform any form of work. If that's not your case, then you'd need to look for work in fields given your limitations. Schedule a consult with a Westchester Divorce attorney for a full assessment. 

Q: Inheritance Home?

A: No - merely because you did repairs to the house does not convert it to marital property. That said, if you can prove the repairs you did increased the value of the house, you may be able to recoup 1/2 of the the "active appreciation" of the house. Schedule a consult with a Westchester Divorce attorney for a full assessment. 

Q: Can my husband sue for a portion of my retirement or social secuirty?

A: Technically he can claim a share of your retirement as it's considered an asset to the degree it accrued value during the marriage. Thus, it's imperative you file for divorce asap. If you have minor children together under 21, you can counter-sue him for child support. Schedule a consult with a Westchester Divorce attorney for a full assessment. 

Q: My name is not on the deed to the house can my wife kick me out prior to divorce?

A: No, not generally. There is no "self-help" for removal of tenants in NY, so her remedy would be to make an application to the divorce Judge. Schedule a consult with a Westchester Uncontested Divorce attorney for a full assessment. 

Q: When is a divorce case closed in New York?

A: I wouldn't understand your firm's statement. Once the Judgment is signed & entered in the clerk's office, the case is done. Perhaps they're referring to some post-judgment issues, such as submissions of QDRO's. Schedule a consult with a Westchester Divorce attorney for a full assessment. 

Q: Can my husband request paper communication ?

A: Not sure - it may be that a hard copy original needs to be submitted to the DMV. Otherwise, i wouldn't understand the rationale for "mail" communication & thus you or your attorney should ask for the rationale. For a 2d opinion, call a Westchester Divorce Attorney to schedule a consult. 

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