i'm going thru a divorce in ny via collaborative process; he voluntarily moved out; can i change locks?
914338
Yes. Because he has vacated the domicile you can. However he needs access to his belongings via reasonable means.\n\nGood luck
179964
Okay, this is a tough one.  Legally, you can petition the courts for a change in custody from your ex-wife to yourself.  The reason would be, of course, that your ex-wife is doing a lousy job parenting by not actually parenting your daughter.  This puts your daughter in your custody in your house in New York.\n\nAnd here's the problematic part because a 17 year-old generally does not go anywhere she doesn't want to go.  So if you take her out of that situation and bring her to New York, she'll just run away and turn up (if you're lucky) back in Florida.  Moreover, when she turns 18, she can go any place she likes and no Court can tell her differently.\n\nSo there's actually very little that you can do.  One thing, of course, is you probably don't have to pay your wife child support anymore.  If you are paying, you should petition immediately to stop.  Otherwise, you may have very little room to maneuver.
462058
A precise answer depends on the law of the particular jurisdiction you're in. In New York, you could move to vacate the default judgment.  You would have to show: (1) a reasonable excuse for not having appeared in the case earlier (pretty easy to do here, your excuse is that you were never served with process and you didn't know there was any attempt to impose liability on you personally); and (2) a meritorious defense to the claim (the arguments you've outlined about why it's your husband's sole responsibility).\n\nYou will probably need to consult a lawyer to get this cleared up.  A possible alternative: Contact the Registrar.  Explain why this is bogus and ask that the Registrar consent to vacating it, the alternative being that you'll engage a lawyer, the Registrar will incur legal fees in a hopeless cause, and, depending on your local law, the Registrar might even have to reimburse you for your legal fees.  There's not much chance that this will work, and there's a downside to even trying -- you don't know the law, so you might say something that could be used against you later.
670117
I understand that you say you don't want to get divorced right now but this situation is not only bad for you but also for your kids. You need to get away from that. Yes, you should definitely document what's going on. Go get a lawyer and find a counselor or a shelter. Don't let him control you like this. Do you have familty you could go to or at least talk to? How about someone in your synagogue (sorry if I spelled that wrong)?
165498
That is a personal choice.  The key is to make sure you have discussed all the important things that come with moving in regarding bills, money, etc...The worst thing you can do is move in and then end up finding out out you disagree on who is responsible for what and it ends up being a big court case on Judge Judy.
836130
Send him an certified mail requesting that he move his belongings out within certain period.  Say 60 days.  He has to sign for the mail, which would mean that he has been notified.\nAnd, the letter would be admissible in a court of law in case you have to go to court.\n\nVery likely, he will move out.  If he doesn't, you will have a proof that you have served him with a notification.
329817
Since your daughter lives in another state and has for some time you would have to petition the Family Court in that state. Here in NYS your ex-wife would have had to have your permission to move the child out of state. And if you wouldn't agree she would have had to petition the court for permission to move. In most cases judges will not grant permission. \n\nAt 7 she's hardly old enough to have a say in which parent she lives with. Even if you don't agree with spanking as a form of discipline, unless they are leaving welts and/or bruises there isn't much you can do. If you suspect child abuse then you need to make a child abuse report. But don't use a child abuse report as a means of gaining custody. If a judge thinks that's what you're doing you are sunk before you start. \n\nYour best course of action will be to hire an attorney. Perhaps you can find one who will allow you to make a payment plan.\n\nI pray that the outcome of all of this is what is best for your daughter. God bless you and your efforts to create a happier life for her.
209410
Well, conmsidering he is active duty you're either living in government housing or paying rent/mortgage out of his governemnt paycheck since he gets an allowance for housing right? Either way, he's responsible for the house, so technically he has every right to stay there and can order you to leave. I don't think the court will think that his divorce reason is valid if you 2 are still living together though.
446603
you can't\nmost states are  no fault, and the only way to contest them would be for money and child support / custody, but once papers are filed, the dissolution of marriage ( as it's known in legal terms ) will be granted, it might take longer if it's contested, but eventually who ever filed will get the judgment and you cannot stop it. He also does not have to give a reason ( hence the term no fault ).\n\nNew York Has A Version of No-Fault Divorce\n\nNew York does not have no-fault divorce as such. Instead, New York's version of a no-fault divorce requires that the spouses live apart from one another for at least a year before a divorce can be filed. The parties must execute a Separation Agreement, which must be filed with the local County Clerk before the one-year period begins to run. The spouse suing for divorce must prove that he or she has substantially performed the terms of the Separation Agreement to obtain a divorce. If you obtain a divorce based on a written Separation Agreement, you don't have to sign any papers or give any testimony about reasons for the divorce. In other words, no personal allegations against either spouse are necessary. There are other grounds for divorce in New York which are explained below.\n\nThere are several steps that must be completed before you can file for a divorce in New York State.\n\nResidency Requirements\n\nFirst, you must satisfy the residency requirements set forth in Domestic Relations Law §230. To file for a divorce in New York you must satisfy one of the following residency requirements:\n\n1)The marriage ceremony was performed in New York State and either spouse was a resident of the state at the time of the commencement of the action and resided continuously in this state for one year immediately before the action began;\n\nOR\n\n2)The couple lived as husband and wife in this state and either one is a resident thereof and resided in this state for a continuous period of one year immediately prior to the commencement of the action;\n\nOR\n\n3)The grounds for divorce occurred in this state and either party is a resident thereof and lived in this state for a continuous period of one year prior to commencement of the action;\n\nOR\n\n4)The grounds for divorce occurred in this state and both parties are New York residents at the time the action is commenced;\n\nOR\n\n5)If you and your spouse were married outside of New York and you never lived together as husband and wife in this state and the grounds for divorce did not occur in this state -- either you or your spouse must presently be a resident of New York State and have resided continuously in the state for at least two years prior to bringing this case.\n\n\nServing the Summons and Complaint\n\nSecond, you must ensure that the court has jurisdiction over your spouse (the Defendant) by arranging for him or her to be served with a Summons and Complaint or a Summons With Notice.\n\nStep 1: Your divorce action begins when you purchase an index number and file the summons with the County Clerk’s office.\n\nStep 2: Your spouse must then be served with a copy of the summons by being personally given the document. It is important to determine where your spouse is located. If he or she lives in New York State, the server must be a resident of New York State, over eighteen years of age, and CANNOT be a party to the action (this means you may not serve your spouse with the summons).\n\nIf your spouse is presently residing outside of New York State you must still ensure that he or she is personally served with the summons. It is preferable to have this service accomplished by a New York resident, although this might be costly. If you use a non-New York State resident to serve your spouse outside of the State, the server must be a qualified attorney, solicitor or the equivalent in that state or nation. Otherwise the person must be authorized to serve papers pursuant to the laws of that state.\n\n \n\nThe person
468633
DEPENDS ON YOUR DIVORCE DECREE. MAKE SURE YOU READ IT THROUGHLY.
872054
Usually it's as simple as having your ex "quit-claim" the house into your name.  Your attorney should be able to help you with that. \n\nOnce that's done, if you have a joint mortgage on the house, you'll probably need to refinance the loan into just your name to get his name off the loan.  Again, this is something your attorney should tell you.
220746
Call a lawer and ask if you can get the divorce on the grounds of abandonment. He doesn't have to be there if you can do that.
89655
You were susposed to get the mailbox key when you got you other keys, and you are right, that was susposed to be taken care of BEFORE you moved in!  Good luck...
179451
You have to file for a divorce in the county where you live.  If the divorce is final, then you might be able to change where the county if you have moved.  It depends on how long you have lived there.  You should contact the court directly and talk to the workers there about a change in venue.  If both parties agree and if you live somewhere different it might be easy.\n\nSee website http://divorcenet.com \n\nmight be of some general help
1073728
Before removing your self from mortgage, why did you leave the property?\nGo to a lawyer and take his advise pronto.
112481
Just go to a lawyer and he will draw up the papers to go to court to have it changed
862298
Ask your lawyer. It all depends on the situation with the trust and the conditions of your divorce.