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: My husband claimed that he did it through an agency not to the courthouse how can I find out? A: David’s Answer: Divorces may be processed by agencies, but ultimately they must be filed & approved by the Court. Thus, you can goto the County Clerk’s office in the Supreme Court of the county where either you or he…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: I was served divorce papers on Dec 14, 2016. He filed it on Nov 18, 2016. On Dec. 18,2016 he posted pictures of his wedding. David’s Answer: Assuming you were served in NY, then you have up to 20 days to serve and file an Answer. If you were served outside of NY, then you have 30 days. Schedule…Read More
Q: An ex of mine has a protective order against my wife and she (my ex) has contacted my wife on two occasions since the protective order. My ex lives in Bronx, NY and my wife and I live in Connecticut. A: David’s Answer: If there is no cross-order, then a petitioner may indeed contact the respondent. Obviously, they may…Read More
Q: My children’s mother has a case against her allegedly for neglect. I wasn’t on my sons birth certificate. Now that I want my son out of the hands of this agency, they are making a case against me. A: David’s Answer: You would not have a basis to sue ACS or its caseworkers unless they have maliciously prosecuted you…Read More
Q: My daughter is owed over $31,000 in back child support and the father asked me to drop the order by settling for 10,000 and 5 lump sum payments not equaled to what is owed. He has only made 5 payment not equal to the amount issued via the court order which is $600/mth. What would you advise? A: David’s…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
Q: I was married on May 8th 2016. I’ve caught my wife in what I suspect to be two instances of infidelity. Plus I’ve had to beg for “intimacy”. This has caused a lot of issues and we have agreed to go our separate ways. She is not a US citizen and will move back to her country 8/20/2016. (we…Read More
Q: I want to desperately divorce my wife. She doesn’t want a divorce. We’ve gotten physical and she has a full Order of Protection. NO contact, stay 250′ away, no email, phone, etc. I’m confused!. According to Attys Brosnan and Rothstein, it appears that having her served with divorce papers would subject me to arrest. Brosnan even told me to…Read More
