Category Archives: Divorce

Dividing a Premarital Pension After Divorce

Dividing a Premarital Pension After Divorce

If a defined benefit pension plan existed prior to the marriage, the post-divorce division will be based upon the total amount of time the titled spouse participated in the plan, and how long he or she was in the plan while married. In most cases, 50% of the portion of the plan that accrued during […]

How Can I Change My Child’s Last Name?

Saratoga Family Law Attorney

As a dedicated Saratoga Family Law Attorney, I am often asked how to change a child’s name to match a parent’s.  If you want to change your child’s name to match yours, you will first file a petition in the Supreme Court – rather than the family court – and serve the other parent with […]

Saratoga Divorce Attorney on Your Rights to a Home Bought Before Marriage

Saratoga Divorce Attorney

Will I have rights to our house (or its value) in a divorce if my husband purchased the house before we were married? Question: My husband bought our house before we were married, but we have always both lived in it together. We have been married for 12 years, lived in the house for 15. […]

Saratoga Divorce Attorney Explains How to Initiate Divorce

Saratoga Divorce Attorney

How do I let my spouse know I want a divorce without making a bitter enemy? Question: Their is no trust in are relationship and my spouse refuses to seek counseling help as a couple. My spouse constantly plays the victim role and is very insecure. Download Our Free Divorce Guide Answer: There is no […]

Saratoga Divorce Attorney Explains if You Can Get Divorced in NY When Married in Another Country

Saratoga Divorce Attorney

Can I get divorce in New York while wife is in India and cannot come? Question: I was married in India in November 2008. My son was born in 2010 in India only. We moved to USA in 2013. My wife moved back to India in 2014 and visited me for 4 months in 2015 […]

Saratoga Divorce Attorney Discusses Post Divorce Child Custody

Saratoga Divorce Attorney

Question: I went through a long divorce and custody batter with my ex-wife. Now since everything has been finalized she and her family Is having issues exchanging custody of the kids. Every time I go pick up the kids there is issue. It came to a point where now I’m getting life threats by my ex […]

Saratoga Divorce Attorney Discusses How Long it Takes to Get Divorced

Saratoga Divorce Attorney

Clients often ask me as an experienced Saratoga Divorce Attorney, “How long will it take me to obtain my judgment of divorce?” The answer depends upon the case. Based on our general time frames, a high-conflict divorce case – in which every issue is litigated, obtaining documents is difficult, one party may throw financial equity […]

Saratoga Divorce Lawyer Explains What You Should Ask Your Divorce Attorney

Saratoga Divorce Lawyer

What specific questions should I ask lawyers in order to find the right one to represent me in my divorce? Question: Need representation for my divorce Download Our Free Divorce Guide Answer: As an experienced Saratoga Divorce Lawyer, I often speak to clients about this.  If you are consulting with a lawyer for the first […]

Saratoga Child Custody Lawyer Explains if You Will Lose Custody of Your Child by Moving

Saratoga Family Law Attorney

Question: I am a mother to a 4-year-old, she has always lived with me and my mother. I recently got married to someone,who’s in the military. I am in the process of moving, but the school system requires my ex spouse to write a letter stating that he knows she will be attending the new school. […]

Saratoga Divorce Attorney Explains How to Find Your Missing Spouse

Saratoga Divorce Attorney

Question: I’ve been separated from the man that I married for 3 years now. We both went our separate ways and never had sex after we were wed. I have been trying to get him to give me a divorce for 3 years now. We were together for maybe 6 months I’m on a fixed income and […]

Saratoga Family Law Attorney Discusses Filing for Divorce in New York State

Saratoga Family Law Attorney Discusses Filing for Divorce

This legal question was provided by Avvo.com.  You can view the original question here. Question: I am a resident of NY, but my son’s custody is still pending in NC. The child support is done. can I file my divorce in NY? Download Our Free Divorce Guide The custody case for my son is pending […]

Saratoga Divorce Attorney Discusses Changing Locks on the Marital Home

Saratoga Divorce Attorney Discusses Changing Locks

This legal question was provided by Avvo.com.  You can view the original question here. Question: Is it a crime if a relative who is not on my lease breaks/alters my apt door lock to gain entry to my apt? Download Our Free Divorce Guide My marriage is currently contentious and one day I refused to […]