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Recent Ancillary Relief questions

Divorce NYC

I'm currently going through a divorce in New York City. I'm the Defendant in this case and have just received a Summons with Notice and an Affidavit of Defendant. I believed that our divorce would be very straight forward as it is a Uncontested Divorce without any children, property or other assets. However, upon reading through the summons two questions came up and I would like to know if I should consult with a family lawyer on this before I sign anything: Summons: "Plaintiff requests that the judgment grand the following items of ancillary relief: Awarding Plaintiff such other and further relief as to the court may seem just and proper, together with the costs and disbursements of this action." Does this mean that I have to cover the court as well as his Lawyer fees? Affidavit: "I'm not seeking equitable distribution, maintenance, or counsel fees. I understand that I may be prevented from further asserting my right to equitable distribution, maintenance or counsel fees. " What about his waiver? I should also note, that I'm not interested in receiving any distribution at all from him in the future. I'm planned on leaving the United States in 2 months and therefore do not want to complicate this case unless I would really be on the loosing end. Thank you!

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FamilyAnswer

Juris Doctor

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I am around 50 years, Male. I have married around 25 years

I am around 50 years, Male. I have married around 25 years ago. This is my only marriage in my life. I have two sons. One is still under age (around 14 years) and the other is more than 21 years old. I have one apartment in New York City. I and my wife both own this apartment 50-50 share. I do job and earn around 20K per year. My wife also do job and she has sufficient income. Relation between me and my wife is not going well for long time. She always irritates me in different ways. It is hard for me to control myself all the times. It is creation mental and physical pressure on me. She wants me to involve in domestic violence so that she can take advance. She wants me to keep behind bars for few days at least. My wife has an idea that NY State’s law and authority always inclined towards women. So, women can do whatever she wants to do. Men have nothing to do. This is my situation and I am in this type of situation for last couple of years. I can’t tolerate this anymore. I want to get rid of these. I really want to get detail answers of the following questions from someone who has good knowledge on NY State family laws: Question 1: What is the best way to keep myself safe and in peace? Question 2: If I want to stay separate (out of my present resident) without taking any legal action from my side, what kind of legal action my wife can take against me. How can I avoid these actions? Question 3: If I want official separation (not divorce) between me and my wife, what is the procedure and approximately who mach it will cost? Question 4: if I want official divorce what is the procedure and approximate cost involve? Question 5: Is there any way that I can get a Free lawyer or reduced cost lawyer regarding this issue?

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Law Pro

Doctoral Degree

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23,546 satisfied customers
how will my prenup be enforced my husband sued me for divorce,

how will my prenup be enforced? my husband sued me for divorce, the ancillary reliefis to be incorporation of the prenup. the prenup states that whatever each party paidfor they get to keep, even gifts to each other. he bought me some jewelry which is in my possession, how will he get it back if I do not give it to him voluntarily

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ANDREA,

Attorney

Post-Doctoral Degree

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13,982 satisfied customers
how is a prenuptial agreement enforced my husband filed for

how is a prenuptial agreement enforced? my husband filed for divorce and servedme with a summons. the relief he is requesting is: a judgement of absolute divorce,and the ancillary relief to be the prenup that we signed 10 yrs. ago prior to the marriage.the prenup to be incorporated in the divorce and survive the divorce. if I do not opposethat relief & do not interpose any counterclaim, & the divorce is granted, who will make me move out of the marital residence? he purchased it in the marriage on hisname only, & in the prenup it clearly states that each party retains his own beforeand after the marriage, so obviously he gets the apt., but legally how does he getme out?

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Legalease

Attorney At Law

Doctor of Law w/ highest honors

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Hi I WAS DIVORCED IN mARCH 2010 i DONT THINK I HAVE THE DECREE

Hi I WAS DIVORCED IN mARCH 2010 i DONT THINK I HAVE THE DECREE ABSOLUTE YET.I HAVE PAPERWORK WHICH IS TITLED ANCILLARY RELEIF AND OUTLINES THE TERMS OF THE DIVORCE BUT I SO NOT HAVE ANY PAPERWORK SAYING DECREE ABSOLUTE.IS THIS RIGHT?

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AttyNiamh

Attorney and Counselor at Law

Juris Doctor

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150 satisfied customers
I am a divorced woman with 2 girls aged 13 and 9years.I have

I am a divorced woman with 2 girls aged 13 and 9years.I have a General Form of Order== Ancillary Relief made out in the Southend County Court before a District Judge.One of the paragraphs no 5 says The Respondant do pay or cause to be paid to the Applicant for the benefit of the children-----and ------at the rate of ONE HUNDRED AND FIFTEEN POUNDS THIRTY EIGHT PENCE per week per child.Payments shall be made weekly in advance.They shall commence on the 25th day of April 2007.They shall end on the later of the two children respectively reaching the age of eighteen or, if later. ceasing full time secondary education.Payments shall be made by the Respondent directly by standing order into the Applcants bank account. As of today NO maintenance has been paid for the past two weeks he has also stopped the mortgage payments.Can he ignore the court order? if not what can i do?I had my own solicitor but i cannot afford it any longer, would i be entitled to legal aid

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RBinJax

Juris Doctor

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390 satisfied customers
What is the difference between making a disparaging remark and stating a fact

My husband is starting to play hardball through his solicitor and has asked me to sign an undertaking "that I will not communicate either orally, in writing by letter, email, fax or other method disparaging remarks about the Respondent to third parties save to my Solicitor / Counsel in the normal pursuance of my divorce and ancillary proceedings or to the court as part of pleadings in such divorce or ancillary relief proceedings." My husband has head butted me, broken my bones and physically assaulted my child. If I make these statements in the way described above, do they constitute a disparaging remark, or as they happened am I in a position to make those statements?

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KimberlyLaw

Principal Attorney

Master's Degree

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3,882 satisfied customers
Can i file uncontested divorce (we have a postnuptial

Can i file uncontested divorce (we have a postnuptial agreement) even though i have no address to send the notice?? Does uncontested automatically mean no fault? In other words - cant i make fault grounds and apply uncontested then do newspaper publication?

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TJ, Esq.

Juris Doctor (JD)

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10,334 satisfied customers
Law educator only: my brother is not in the will. my father

law educator only: my brother Patrick is not in the will. my father stated in the will ,he took care of Patrick when he was alive. My brother Patrick has the restaurant and he's making good money with it. I was told that Patrick Took a receipt my father signed and used a typewriter and on top of my father signature typed "patrick does not have to pay it back if my father dies first". Patrick says he has witnesses that heard my father say he does not have to pay it back. My issue is with the estate lawyer, I sent him him emails asking for information on the case, he did not reply. I have no idea the fee structure for the estate lawyer. I want nothing to do with this case. As I stated i want to contact Patrick's lawyer and make a negotiation for "myself" without my siblings. how do i do this?

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Law Educator, Esq.

Attorney At Law

Doctoral Degree

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105,092 satisfied customers
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