Is New York’s No-Fault Divorce Automatic?

On March 15, 2012, in Divorce, Family Law, by John A. Weber IV, ESQ.

New York’s No-Fault Divorce

Recently, we have received some questions regarding whether or not a Defendant can challenge a New York’s No-Fault Divorce.  Being that the statute is so new, there still remains some uncertainty and inconsistency throughout the trial courts.  The truth is that nobody really knows at this point.  The statute calls for an “irretrievable breakdown of the marital relationship in excess of 6 months.”  The language itself does give rise to certain questions such as how a Plaintiff can prove such a breakdown?; or how can a breakdown be irretrievable when at least the Defendant is willing to reconcile.  These are issues that will need to be worked out in the higher courts.  If you have questions regarding the new No-Fault Divorce statute in New York, call (516) 858-2620 to speak to a Matrimonial Attorney.

Divorce Attorney in Mineola

Please call the Law Firm of Vaughn, Weber & Prakope, PLLC at (516) 858-2620 to speak to an attorney today.

 

According to New York Domestic Relations Law, there are certain Automatic Orders, which shall remain in effect while the divorce is pending in Supreme Court.  One of these Automatic Orders addressed in this statute prevents any spouse from selling, transferring, encumbering, assigning, or removing any property without the consent of the other spouse.  This preserves the ability of the court to make a proper ruling on any and all property that they have jurisdiction over at the time the action is brought.  This section of the DRL also covers such topics as 401k retirement plans, health insurance for spouse and children, running up marital debts, and more.

If you or your spouse have filed for divorce or are planning on filing for divorce and you are not sure if this situation is one you will have to encounter, call The Long Island Family Law Firm of Vaughn & Weber, PLLC, at (516) 858-2620 to speak with a family law attorney!

Please visit our Family Law and Divorce categories to learn more about Family Law and Divorce issues.

Modification of Child Support

On May 5, 2010, in Family Law, by John A. Weber IV, ESQ.

Modification of a Child Support Order or Agreement

Modification of a child support order or agreement.

There are an increasing number of modification questions coming into our firm.  Modification of a child support order is slightly different than modification of a child support agreement.  It is more rare that a court will order a modification of a child support agreement because it interferes with parties right to contract.  Child support agreements are however incorporated into judgments of divorce and are enforced the same as a child support order.  It is just a more difficult burden to meet in order to have the court modify the agreement.

If you have a child support agreement or child support order and are having problems making payments or having problems collecting monies owed to you, feel free to call the Law Firm of Vaughn, Weber & Prakope, PLLC, at (516) 858-2620 to speak with a family law attorney!

Please visit our Family Law and Divorce categories to learn more about Family Law and Divorce issues.

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