Q: Hello. Judge signed our uncontested divorce a couple of weeks ago ago and I am wondering do I have to serve anything officially to my ex-spouse at this point. We’ve e-filed all documents via NYSCEF, both have accounts in the system and full participation was recorded. We both have access to all the documents in the system. Thank you.…Read More
Q: My husband is a retired correction officer he has a pention and a retirement account but doesn’t want me to have anything. A: Your remedy would be to file for divorce. The general rule is that you’re entitled to 50% of the marital portion of retirement. Schedule a consult with a Westchester Divorce Attorney for a full assessment.Read More
Q: We have been married for 32 years, I found out he was having an affair and he packed his bags and left the country to be with this women. I am a stay at home mother to our three boys. He has cut off everything, he has a house under his name that we rent out. Would I be…Read More
Q: Facing divorce, I pay my spouse out. We are both on deed, only me on mortgage. Is Interspousal transfer deed or quit claim deed any different in transfer tax in NY? Will this cause re assessment of property tax, make it go higher? How it might affect the selling of the house in the future? I appreciate your reply…Read More
Q: I live in new york and i have been married for a year and a half. our daughter is 11 months old. i cant live with my husband any longer due to his anger problems towards me and her. he is very verbally abusive and he grabs my child way from me. am i allowed to take my daughter…Read More
Q: I’d like to petition the court for full custody. A: Financial ability to support a child is but 1 factor in a custody determination. There are numerous others which need to be analyzed, including length of time the agreement’s been in place, compliance therewith, availability to the child, preference of the child (depending also on child’s age), etc. You’re…Read More
Q: New York is taking out a percentage of my retirement to my x spouse. They take it out every month however my x spouse doesn’t do anything with. It is just staying in the ny account. Since she doesn’t touch it. Would I by chance get it back if she does nothing with it ? A: No, not necessarily.…Read More
Q: Married 21 years, divorced 1 and half years. Homemaker for entire marriage. Reread divorce stipulation agreement and there’s nothing about what, if any, benefits I may be entitled to on my X spouses retirement plan. The agreement doesn’t mention anything about it. I’m wondering if I could find out? If so how? Or if it’s not written in agreement…Read More
Q: Our friend was divorced in NY ten years ago and never got any of the court papers. She didn’t even know she was divorced. The court file shows the following: 1. Plaintiff-Husband claimed to live in Mount Vernon NY but in fact we believe this to be false because he owned a house in the Bronx and still lived…Read More
Q: I live in New York, The house In which my four children (ages 3,4,5, and 11) live, as well as myself is owned by myself and my ex husband. We live in the house, he does not. I am on the deed of the house. He is on the deed and mortgage.. Approx. a month and a half ago,…Read More
