Lessons From the Divorce Wars – Episode 1
New York Family Law Blog
by David Bliven
2M ago
Checkout my latest TikTok Video: https://www.tiktok.com/t/ZPR3PV5Re/ The post Lessons From the Divorce Wars – Episode 1 appeared first on Law Offices Of David Bliven ..read more
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Can I have him removed from the home? As the main breadwinner, will I have to pay alimony?
New York Family Law Blog
by David Bliven
2M ago
Q:Seeking divorce: I am the wife and principal bread winner. Husband is a cocaine addict and I just discovered he is selling drugs from our home. We’ve been estranged, living in separate rooms 5+ years. I’m under cancer care for the last two years. Our child is over 21 but still lives at home. She’s a 1L in law school. I’m tired. Can I have him removed from the home? In addition, will I have to pay alimony? A: If you anticipate your Husband disputing that he sells drugs, you’d need proof – thus, pics, videos, admissions caught on audio, etc. Then if he doesn’t agree to move out, you’d need to ..read more
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How do you transfer a divorce order from South Carolina to get New York state to enforce the South Carolina divorce order?
New York Family Law Blog
by David Bliven
2M ago
Q: Divorce order from South Carolina and spouse lives in New York and is in default need to get order in New York to enforce it.  How would I go about transferring it? A: It depends on what issue. If you’re looking to enforce a S.C. order regarding custody, visitation or child support in NY, you’d need to first “register” the order in Family Court before filing a Petition to Enforce. If you’re looking to enforce some other aspect of the divorce order (property, assets, etc.), one would need to know why that can’t be done as part of the S.C. case. Schedule a consult with a Westchester Divo ..read more
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Can someone with the pending assault charges call ACS on someone?
New York Family Law Blog
by David Bliven
2M ago
Q: So my daughter’s father wants to call acs on me even though I told him he was allowed to come see his daughter. He threatens me every other day because I won’t allow him to enter my household. He’s erratic and mentally unstabled. What can I do to protect me n my 2 daughter? A:  It’d best to file a Petition requesting a specific court order setting forth a schedule of his visitation. That way, he would not be permitted to insist on deviating from the schedule. Depending on the extent of his mental instability, you may wish to consider requesting he be evaluated. Schedule a consult with ..read more
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I want to get a divorce from my husband who I haven’t seen in 15 years. How should I go about this process?
New York Family Law Blog
by David Bliven
2M ago
Q: I want to get a divorce from my husband, who I haven’t seen in 15 years. How should I go about this process? He just up and left we do have a child together but I don’t want anything from him for my child. A: Ok – your next step would be to contact a divorce attorney. Your husband would ultimately need to be served with the summons, so if you do not have a current address for him, you may need to hire a P.I.to track him down. Call a Bronx Divorce Attorney for schedule a consult for a full assessment. The post I want to get a divorce from my husband who I haven’t seen in 15 years. How should ..read more
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Do I pay child support and alimony if both child and ex still live at my residence?
New York Family Law Blog
by David Bliven
2M ago
Q: Do I pay child support and alimony if both my child and ex still live at my residence? Going through a divorce, home has no equity, ex and child under my expense, I was told I would have to pay child support and alimony. A: Generally you would not pay maintenance & child support while still living together. The Court does have the authority to make exceptions – particularly if you have a homemaker spouse and/or where there’s an allegation you aren’t paying your fair share of household expenses. For a full assessment, schedule a consult with a Westchester Alimony Attorney. The post Do I ..read more
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I live in New Rochelle NY. I have legal joint custody of my daughter. The father has her one less than day than I do. How do I go about this situation?
New York Family Law Blog
by David Bliven
2M ago
Q: The father has my daughter one less than day than I do. He has her Tues and Thurs overnight. I have her Monday and Wednesday overnight. He has him every other weekend Thurs 5pm to Sunday 6p. I have him Friday 5pm to Tues 5pm, which means I have him more. Do I have the right to seek child support? A: Great question! One would need to look at the exact breakdown in your custody agreement – especially as to whether it states that the two of you are sharing physical custody. It appears from the breakdown you’ve given above that the two of you have equal overnights over a 14-day time frame. Thus ..read more
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Launch of New Site – “Navigating Your New York Contested Divorce Case”
New York Family Law Blog
by David Bliven
3M ago
I’m happy to announce the launch of my new website – “Navigating Your New York Contested Divorce Case” – dedicated the my new book with the same name.  Please check it out! Please follow this link: http://www.navigating-your-ny-contested-divorce-case.com/   The post Launch of New Site – “Navigating Your New York Contested Divorce Case” appeared first on Law Offices Of David Bliven ..read more
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Does Father have parental rights if I was married to someone else when they signed acknowledgment paternity & are on birth certificate?
New York Family Law Blog
by David Bliven
3M ago
Q: I’m legally married but physically separated from husband when I had a child from a person in the same situation. They signed the acknowledgement of paternity in CT and are on the birth certificate. However, I am still legally married to husband. Do they have any parental rights in NYC? This person is abusive to me and neglects needs of child. If they do have parental rights what do I have to do to ensure they don’t? A: The acknowledgement of paternity presumptively establishes their paternity to the child. That said, if you wish to vacate the acknowledgement of paternity , your option woul ..read more
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Colombian born US citizen marries Colombian women in Colombia lives together 7 years in US. What are my rights?
New York Family Law Blog
by David Bliven
3M ago
Q: Currently we both in Colombia and I am seeking a divorce and will be traveling back alone . I own the co op apt solely brought prior to the marriage . What are my rights if she returns to the states? A: In Colombia was the place of marriage, she’s a resident of Colombia & does not have any other ties to NYS, then it would appear NY would not have jurisdiction over her to grant the divorce. As such, you can only proceed on a divorce here in NY if she expressly consents to NY jurisdiction. For a full assessment, schedule a consult with a Westchester Divorce Attorney. The post Colombian bo ..read more
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