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Topic: New York divorce law


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In the News (Thu 31 Dec 09)

  
  New York divorce law - Wikipedia, the free encyclopedia
New York only recognizes divorces based upon fault based criteria, though the parties may agree to enter into a separation and have the separation agreement or judgment be the further basis for a divorce after one year.
The grounds for divorce occurred in New York and either spouse is a resident of the state at the time of the commencement of the action for divorce and resided in the state for a continuous period of one year immediately before the action began.
Equitable distribution is the law in New York that determines the division of property at the end of a marriage.
en.wikipedia.org /wiki/New_York_divorce_law   (1783 words)

  
 HISTORY OF DIVORCE IN NEW YORK. New York Divorce and Family Law, the definitive site about divorce, child support and ...
New Netherlands records show two other cases of absolute divorce, one in 1657 for a wife's adultery, and another in 1664 for a bigamous marriage of the husband while in Amsterdam.
Prior experience in New York with reference to the collusion, fraud, and perjury which often accompanied the adultery ground, led a wary legislature to stipulate that the separation must be pursuant to a separation agreement or judgment of legal separation.
Statutory grounds for divorce and legal precedents have their most immediate impact in negotiation and settlement efforts of the divorce process, because bargaining leverage is very important New York where the dominant characteristic of its divorce law is that in operation it is consensual, and true no-fault divorce is unavailable.
www.brandeslaw.com /grounds_for_divorce/history.htm   (2156 words)

  
 Basics of New York Divorce Law   (Site not responding. Last check: 2007-10-20)
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.
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).
If your spouse is presently residing outside of New York State you must still ensure that he or she is personally served with the summons.
www.divorcelawinfo.com /states/ny/nyintrod.html   (1468 words)

  
 New York Divorce, Law Offices of Rong T. Kohtz, lawyers in New York, NY, New York   (Site not responding. Last check: 2007-10-20)
The marriage ceremony was performed in New York State and either spouse is a resident of the state at the time of filing for divorce and resided in the state for a continuous period of 1 year immediately before the filing; or
The laws of no-fault divorce recognize that human relationships are complex and that it is difficult to prove that a marriage broke down solely because of what one person did.
A: An action for divorce may be maintained based on adultery, which is an act of sexual or deviate sexual intercourse voluntarily performed by one spouse with a person other than his or her spouse during the course of the marriage.
www.kohtzlaw.com /divorce.jsp   (1405 words)

  
 New York Divorce/Family Law basics   (Site not responding. Last check: 2007-10-20)
However, New York recognizes the validity of a marriage if the couple has consummated a common-law marriage at a jurisdiction where a common-law marriage is valid before they move to New York.
Sometimes, New York courts also award permanent spousal support where the marriage was of long duration, one spouse sacrificed employment opportunities for the family, and his/her earning potential is far below the standard of living the couple established in the course of the marriage.
New York treats homosexual and heterosexual relationships equally and will not consider the relationship to be a significant factor unless specific harm to the child is shown.
www.kohtzlaw.com /nydivorce.jsp   (7922 words)

  
 Long Island & New York Divorce Attorney, Child Custody Lawyer, Family Law Firm
Divorces can be predicated only upon causes of action sounding in cruel and inhuman treatment, adultery, abandonment for a year or more and other enumerated grounds contained in Domestic Relations Law section 170.
In this regard, New York remains in the minority of states that require fault to be proven before the parties' marital assets can be distributed.
New York should not be a laggard in domestic relations reform.
www.newyorkstatedivorce.com /article8.html   (1179 words)

  
 Divorce family law attorney Albany New York - Maynard, O'Connor, Smith and Catalinotto, LLP
New York State should adopt a unilateral no-fault ground for divorce so that a marriage can be dissolved upon a showing of irreconcilable differences and without the need to provide marital misconduct as a basis for the divorce.
To date, New York has been alone among the states in refusing to adopt a grounds for divorce that would permit a marriage to be dissolved without proof of fault when only one party wanted out.
I often tell clients who are not the proponent in a divorce that although they may be able to defeat their spouse’s cause of action, they will never be able to force their spouse to continue in a marital relationship as marriage is intended.
albanydivorce.com /lawnews.htm   (1084 words)

  
 New York City Divorce Laws Summary and New York Marital Separation Forms
However, the requirement is reduced to 1 year if: (1) the spouses were married in New York and either spouse is still a resident; (2) they once resided in New York and either spouse is still a resident; or (3) the grounds for divorce arose in New York.
The grounds for legal separation (separation from bed and board) in New York are: (1) adultery; (2) abandonment; (3) imprisonment for 3 or more consecutive years; (4) neglect of and failure to provide support for a wife; and (5) cruel and inhuman treatment.
However, the requirement is reduced to 1 year if: (1) the spouses were married in New York and either spouse is still a resident; (2) they once resided in New York and either spouse is still a resident; or (3) the grounds for legal separation arose in New York.
www.divorcetoday.com /dt_NYdivorceLaw.html   (681 words)

  
 New York divorce attorney contact
New York divorce services for uncontested and no fault matters are provided by our office through a separate dedicated website.
The divorce process can be streamlined for clients who are able to work amicably with their spouse to arrive at a settlement solution.
New York divorce services are provided by our office for any individual who is subject to the authority of a New York Court.
www.jeanmahserjian.com /new-york-divorce.html   (459 words)

  
 New York Divorce Collaborative New York Divorce Laws NY Family Lawyer
A: A matrimonail action is defined by CPLR 105(p) as (1) Separation, (2) Annulment, or (3) Divorce and is heard in the Supreme Court in the county where at least one of the parties resides.
A divorce is a legal separation of man and wife, effected by the judgment or decree of a court that either totally dissolves the marriage relation, or suspends its effects so far as concerns the cohabitation of the parties.
Simple divorces generally are defined as those in which the couple has no children, the couple has divided property and assets to their satisfaction, and neither spouse wants any monetary support.
www.linnealevine.com /CM/CollaborativeDivorce/New-York-Divorce-FAQ.asp   (1121 words)

  
 Divorce Survival Kit - Brooklyn, Manhattan, New York Divorce Lawyer
Your New York State Judgment will generally cover all of these issues except in the rare instance where the grounds for divorce are granted and equitable distribution is determined and the remaining issues are referred to Family Court, those being child support, spousal support, custody and visitation.
You and your spouse must have resided in New York as husband and wife, and either of you is a resident of New York when the divorce action is started and has been a resident of New York for a continuous period of one year immediately preceding the beginning of the divorce action.
New York Family Court must direct that the child support payments be made to the New York Child Support Enforcement Unit, which must immediately issue an income execution for child support or combined maintenance and child support, and may issue an execution for medical support enforcement in accordance with the provisions of the support order.
www.lawofficesoflisabetholder.com /general_divorce_information.shtml   (9864 words)

  
 Divorce4NewYork.com: New York's Headquarters 4 Divorce Forms and Divorce Information
(an uncontested divorce occurs when: (a) there are no disagreements between you and your spouse over any financial or divorce-related issues (such as custody, support, division of property/debts, etc); and (b) your spouse either agrees to the divorce, or fails to appear in the action.
Answer: Generally, the term "uncontested divorce" refers to a divorce proceeding in which none of the issues, including the grounds for divorce, child support, title to property, equitable distribution, or maintenance, is in dispute.
Answer: In New York State, a child is entitled to be supported by his or her parents until the age of 21.
www.divorce4newyork.com   (2233 words)

  
 New York Divorce and Family Law, the definitive site about divorce, child support and custody.
In the course of negotiating the settlement of this matrimonial action, the attorney for the plaintiff-client obtained the client's consent to insert into the stipulation of settlement between the parties a provision requiring her to pay his fee, in the amount of $31,615.40, from certain marital property that she was to receive in equitable distribution.
2004-04773, an action for a divorce and ancillary relief, the wife sought to rescind or reform a prenuptial agreement on the grounds, inter alia, that she entered it under duress and that it was unconscionable.
However, New York's prohibition on contingency fees in domestic relations matters is very broad, and does not distinguish between property settlements made in lieu of maintenance, support, or equitable distribution and property settlements based on nonmatrimonial property claims (see 22 NYCRR 1200.11[c][2][i]; see also 22 NYCRR 1400.1 and 1400.2).
www.brandeslaw.com   (4661 words)

  
 Texas California Illinois Georgia Virginia Pennsylvania Florida New York Divorce Forms
NEW YORK recognizes marital property for purposes of distribution of assets and debts as all property acquired by either spouse during the marriage, except by gift or inheritence, including non-marital property transferred into some form of co-ownership such as joint tenancy, tenancy in common, tenancy by the entirety, or community property.
Most divorcing spouses agree on how they want their property and debts distributed and who will pay what debts as part of their marital settlement agreement during the divorce process, and close all of their joint accounts.
NEW YORK has guidelines for child support that are presumed to be in the child's best interest.
www.divorcehelp.net /ny.htm   (3023 words)

  
 Walter Olson home page: "Divorce Court, New York Style" (City Journal, Spring 1993)
In divorce law it ranges from "freeze and starve" tactics against dependent spouses, to flmail threats to divide a breadwinner's ongoing business in ways that will destroy it.
Of the seven who did not, three had prepared and filed their own divorce papers without lawyers' help, three had worked out agreements with their husbands before hiring lawyers to draw up the papers, and one was a law student herself who got a professor to serve as her attorney.
In New York, an energetic group of women have set up a grassroots group called the Coalition for Family Justice to press the case for divorce reform.
walterolson.com /articles/cjdivorce.html   (1278 words)

  
 DivorceNet - New York Family Law   (Site not responding. Last check: 2007-10-20)
In New York, the Supreme Court is the lower trial court.
Once the judgment of divorce is issued, the court never again (in theory) intervenes in your life.
Under New York law, support for children is determined by the number of children.
www.divorcenet.com /states/new_york/new_york_family_law   (885 words)

  
 Law Offices of Brian D. Perskin - New York Divorce and Family Law Firm
In New York, if two people agree in a written agreement or a child custody order is entered, it is not easy to change custody unless one parent has a good reason.
If you are involved in Divorce in New York and your future ex spouse is attempting to hide assets, the discovery process is the way for you and your lawyer to find out what he is actually hiding.
New York City Pensions issued from the Police, Fire, Sanitation and Other City agencies generally have a provision for a variable supplement fund and a Cost of Living Allowance (COLA).
www.newyorkdivorceattorneyblog.com   (1007 words)

  
 New York Divorce Online FAQ
Legal advice is the application of a rule of law to the particular circumstances of your case.
New York Divorce Online Researchers are experts at locating hard-to-find information on the web, and through offline resources as well.
New York Divorce Online tests all Researchers to ensure that they are expert legal researchers who have experience on researching on the Net.
www.nydivorceonline.com /faqsmylegalassistant.asp   (1761 words)

  
 Staten Island Family Lawyer, New York Divorce Law Attorney   (Site not responding. Last check: 2007-10-20)
Family law is the term applied to the laws and rules developed regarding family relationships.
Family law rules define not only the relationships between members of a family but also between a family and society as a whole.
When parents divorce, it is important to learn about the child custody and visitation options that are available and the legal standards that apply.
www.emgansbergesq.com /Pcfamilylaw.shtml   (750 words)

  
 Long Island & New York Divorce Attorney, Child Custody Lawyer, Family Law Firm - New York State Divorce
With over 65 years of collective experience in litigating contested divorce and child custody cases, the firm recognizes its professional obligation to be unstinting in their preparation, and zealous in the presentation of your case to the court.
The firm handles divorce and child custody cases from around Long Island, New York and surrounding Nassau County and Suffolk County.
A law firm of distinction, our dedicated team of professionals is led by its senior partner Elliot Samuelson who has established himself as one of New York’s finest attorneys.
www.newyorkstatedivorce.com   (336 words)

  
 New York Divorce, law, divorce online, divorce form, divorce papers, do it yourself divorce, uncontested divorce, no ...
If you weren’t married here, the basis for the divorce didn’t occur here, you never lived here together, then at least one of you has to have lived here for at least the last two years.
The grounds for legal separation are the same as for ground for divorce, plus neglect or failure to provide support to the wife.
New York’s no-fault reasons or grounds for divorce include living separate and apart for one year under the provision of a written, signed and notarized separation agreement which must be filed in the office of the clerk of the country.
www.legalhelper.net /ui/divorce/New-York-uncontested-divorce.aspx   (453 words)

  
 New York Divorce Laws - Fault and No Fault Divorce Grounds, Residency Laws, Filing Information, and Waiting Period
The parties were married in New York and either party has been a New York resident, at the time the divorce papers are filed, for at least one year immediately before filing the divorce papers, or
The parties have resided in New York as husband and wife and either party has been a New York resident, at the time the divorce papers are filed, for at least one year immediately before filing the divorce papers, or
The cause occurred in New York and either party has been a New York resident, at the time the divorce papers are filed, for at least one year immediately before filing the divorce papers, or
www.helpyourselfdivorce.com /new-york.htm   (506 words)

  
 NEW YORK DIVORCE LAW & LAWYER - Support Enforecement: Child & Spousal Support
With the assistance of the support collection unit (which exists in each social service district in New York) a person owed child support or spousal support may be able to proceed directly with enforcement proceedings in court, or commence other license suspension proceedings, lottery proceeds intercepts and income tax refund intercepts.
Arrears of maintenance and child support may also be enforced by various court orders including, a) sequestration of the debtor’s property as security for payment of the debt, or b) a requirement to post a bond or a cash deposit to insure compliance.
New York has a little known and infrequently used statute making failure to support a child under the age of sixteen a class E felony.
www.newyorkdivorcelawyer.com /support_enforcement.html   (518 words)

  
 New York Divorce Attorney and Brooklyn Family Lawyer - Law Offices of Brian D. Perskin
At the Law Offices of Brian D. Perskin, our team is comprised of greatly skilled, dedicated, and hardworking divorce and family law professionals.
It cannot be stressed enough of the importance of retaining an expert divorce attorney to handle your family law case.
The Law Offices of Brian D. Perskin has the experience and skill necessary to protect your family.
www.newyorkdivorceattorney.com   (370 words)

  
 New York Divorce Information and Lawyers
This easy to use, accurate, and up-to-date on-line divorce service is a perfect "do it yourself (without a lawyer)" solution for any uncontested divorce (with or without children) that will be filed in the state of New York.
Marital property shall be distributed equitably between the parties, considering the circumstances of the case and of the respective parties.
Notwithstanding any other provision of law, an acknowledgment of an agreement made before marriage may be executed before any person authorized to solemnize a marriage pursuant to subdivisions one, two and three of section eleven of this chapter.
womansdivorce.com /new-york.html   (1311 words)

  
 New York Divorce: The Law Offices of Stephen I. Silberfein
New York Divorce: The Law Offices of Stephen I. Silberfein
With over thirty years of family law experience, Stephen I. Silberfein is an accomplished matrimonial litigator who can provide superior representation for your divorce, separation, pre-marital planning, custody and visitation issues, or other family law matters.
While we do not provide legal advice over the phone or by e-mail, our Web site does contain articles of general interest and links to other quality divorce-related Web sites that may be of interest to you.
www.newyorkdivorce.com   (186 words)

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