Summary
If you dont know your spouses address for divorce paperwork in New York State, you can request divorce by publication. This involves publishing a notice of the divorce action in a newspaper. The court may require you to demonstrate that youve made a good faith effort to locate your spouse. You can have both a divorce and a family court case pending simultaneously, but its important to coordinate them to avoid conflicting orders. To check if a divorce case is pending against you, visit the New York State Unified Court Systems website. If the other parent unlawfully takes the child, you can request the court to order them to pay your attorneys fees, but this is subject to the courts discretion. Courts may consider attorney fees when determining child support, but its not automatic.Full Conversation
NYS they were already served but I don’t know their address to put on paperwork
In NYS, if you don't know your spouse's address, you can request the court for "divorce by publication." This means:
- You'll publish a notice of the divorce action in a newspaper.
- The court may require you to demonstrate that you've made a good faith effort to find your spouse.
- A local attorney can guide you through this process.
If you have a divorce case pending can you also start a family court case?
In New York State, you can have both a divorce and a family court case pending at the same time. However, it's important to coordinate the two cases to avoid conflicting orders. It's advisable to consult a local attorney for guidance.
So if I have a family court case pending I can still file divorce paperwork?
Yes, in New York State, you can file divorce paperwork even if you have a pending family court case. It's crucial to manage both cases concurrently to avoid conflicting orders. For detailed guidance, consider consulting a local attorney.
How can I find out if a divorce case is pending against me?
In New York State, you can check if a divorce case is pending against you by:
- Visiting the New York State Unified Court System's website.
- Searching under the 'WebCivil Supreme' or 'eCourts' sections.
Please note, you will need your name and the county where the case could be filed.
In nys if the other parent kidnapped the child and I have to get a lawyer can I bill them for that?
In New York State, if the other parent unlawfully takes the child, you can seek legal redress. However, you cannot directly bill them for your legal fees. You can request the court to order them to pay your attorney's fees. This is subject to the court's discretion.
Do courts normally award that?
In New York State, courts may award attorney's fees in cases of child abduction. However, this is not guaranteed and depends on several factors such as the financial resources of both parties and the merit of their respective positions.
What if they kidnapped the child for months would court credit attorney fees to child support
In New York State:
- Courts may consider attorney fees as a factor when determining child support.
- However, it's not automatic and depends on the specific circumstances.
- For clarity, consult with a local attorney or family court.
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