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
Q: She has been calling my job initiating I’m having an affair with an associate which is clearly not through trying to get me terminated from work and calling my cell phone and texting nonstop using extremely vulgar language A: You’re best advised to file for an order of protection as well as a divorce case. The sooner you terminate…Read More
Q: Divorced July 18th 2018. I was to sign over deed after 7 days. Which I complied and did with attorneys. As of today I’m still on mortgage. Stipulation agreement states that if he hasn’t complied after 120 days that I’m able to force sale of home. Question is how would I force the sale? A: You may need to…Read More
Q: My wife and I just signed our divorce stipulation agreement. When is it binding? What are next steps before we are legally divorced? What is the realistic timeframe? A: The agreement is generally “binding” upon signing. The next steps are submission of the Judgment package – and then the Judge signing the Judgment of Divorce which officially divorces you.…Read More
Q: Our agreement is final and signed, my lawyer filed the papers with the court. Now we are just waiting for the judge to sign and the clerk to enter. How long does this typically take? I read on this site that it depends on the county with the boroughs being a long wait but with Westchester being pretty quick.…Read More
Q: X told many lies during deposition and I never got a copy. Two years later he is pulling more nonsense and wants our divorce stipulation agreement changed about his life insurance policy and I’m receiving emails from my X attorney. I want copy to stop nonsense and possibly get arrears due to me. He left marital home two years…Read More
A: If you file an order to show cause to force a sale of the home, and he doesn’t have the money to reimburse your counsel fees up-front, then most likely the court will just order that the fees be taken from his share of the home equity. Schedule a consult with a White Plains Divorce attorney for a full…Read More
