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Marc Jacob

Is My 401(k) From Work Considered A Marital Asset In Queens Divorce?

August 11, 2014 by Marc Jacob

Yes, financial instruments like retirement accounts are typically - at least in part - marital assets whose disposition has to be negotiated as part of the final divorce settlement. If you have been contributing to a 401(k) for longer than the duration of the marriage, the court will likely … [Read more...] about Is My 401(k) From Work Considered A Marital Asset In Queens Divorce?

Filed Under: Divorce

Why Do I Have To Pay Someone To Serve My Spouse In Queens?

August 3, 2014 by Marc Jacob

There are a number of very good reasons to require that service of divorce papers be conducted by a neutral third party, including protecting your safety. But from the court’s perspective the best advantage of third party service, especially by a process server, is that a process server creates … [Read more...] about Why Do I Have To Pay Someone To Serve My Spouse In Queens?

Filed Under: Divorce

Is The Information I File With The Queens Court Available To The Public?

August 3, 2014 by Marc Jacob

No, because of the highly sensitive nature of divorce actions, it is against the law for court clerks, court reporters, and others to share pleadings, motions, testimony, findings, and any other elements of your divorce with the public. The only individuals who can access this material are you … [Read more...] about Is The Information I File With The Queens Court Available To The Public?

Filed Under: Divorce

Are Custody Matters Different In Queens If Our Children Are Adopted?

August 3, 2014 by Marc Jacob

No, children that are legally adopted by families in Queens are identical to children who are born to families in Queens, and resolution of custody matters is handled identically. You will be required to develop a custody agreement outlining which parent holds legal custody, and is responsible … [Read more...] about Are Custody Matters Different In Queens If Our Children Are Adopted?

Filed Under: Child Custody

If I Took Advice From My Then-Fiance’s Attorney And Signed A Prenup, Is It Enforceable In Queens?

August 3, 2014 by Marc Jacob

It may not be. One of the considerations the court uses when it examines challenges to prenuptial agreements is whether both parties were represented by counsel and could be expected to reasonably understand the terms of the agreement. If there is a perception that one spouse was not properly … [Read more...] about If I Took Advice From My Then-Fiance’s Attorney And Signed A Prenup, Is It Enforceable In Queens?

Filed Under: Divorce

If I Signed The Birth Certificate Knowing The Baby Wasn’t Mine, Do I Still Have To Pay Child Support In Queens?

August 3, 2014 by Marc Jacob

Probably so. As in most jurisdictions, courts in Queens presume paternity for a child born in wedlock, and when a married father takes proactive steps to affirm paternity, like signing the birth certificate and actively engaging in raising the child as his own, courts frown on attempts to later get … [Read more...] about If I Signed The Birth Certificate Knowing The Baby Wasn’t Mine, Do I Still Have To Pay Child Support In Queens?

Filed Under: Child Support

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