Q: My ex has breached an In-Court Stipulation of Settlement signed on December 12th, 2023. According to the stipulation, my ex had until March 12th, 2024, to sell our marital home and pay me 45% of the net equity. I returned to court on December 9th, 2024, to enforce the stipulation and seek the sale of the property. A second…Read More
Q: I was married in Connecticut to an illegal immigrant who resides in Austin Texas while I live in Bronx, Ny. We were in contact for a while but he has gone no contact. I have informed him of wanting a divorce but if I text him he does not respond and if I call him and he realizes it’s…Read More
Q: I was married in Jamaica in February 2023. In July 2023 my wife moved out of the home. I have no contact with her. In April 2024 I relocated to nyc. We have no children nor property. A: Where you got married does not matter for where you can file. However, NY would need to have both residency as…Read More
Q: Me and my husband are currently Separated but he paid rent this month can I still change my locks even though he no longer lives here in the apartment we once shared? A: If his name is on the title and/or the house was acquired during the marriage, then he still has legal rights to the property. As such,…Read More
Q: I got married to a guy in the 80’s and he told me to sign a paper for a divorce but I don’t know if he actually file the papers. A: You can do a search on the court's website (https://iapps.courts.state.ny.us/webcivil/FCASMain) to see whether a proposed divorce judgment was filed. If you don't find anything, then it's safe to…Read More
Q: Just filled chapter 7 bankruptcy and I have divorce pending at the court.. can the bankruptcy reduced the amount of child support payments… the child support is not order yet … but according to my income 17% for 1 child I will have to pay 1200 per month. A: The bankruptcy in itself would not necessarily affect child support…Read More
Q: My current attorney has been handling my divorce in the Bronx, NY, since 2019. She has helped me resolve many issues, but the only thing she can't seem to do is file my divorce. A: Filing the divorce is easy - it's an e-filing. Perhaps the issue is more getting your ex-spouse to sign the "Defendant's Affirmation" - if…Read More
Q: I was sent divorced papers, with no assets split. However, I've been more than 10 years in our marriage. He had pension during our marriage. He divorced me and send the divorced papers to me in Puerto Rico. We have lived in New york City and his employment pension is NYSers and Dc37. So, I'm wondering, if I'm entitled…Read More
Q: We have been married for 12 years. I helped him obtain his green card and citizenship. He had an accident at his labor job and now has a large lawsuit settlement. He decided to separate before receiving his settlement. A: If no Judgment of Divorce was ever issued, then you are still legally married. Additionally, the only way NYS…Read More
Q. my ex-wife stated we all responsible for the marital debt. the last time we were living together was 2 years ago.. should i ask for two years bank statement or are we all responsible for the debt. the divorce is still pending to be finalize.. thank you A. Marital debt (that which accrues during the marriage & up to…Read More
