Shorten the Divorce Process
In almost any court proceeding, defendants have 20 to 30 days to answer a complaint. This is even true for uncontested divorces. Even though both spouses may consent to the divorce, and even agree on terms, one spouse will have to initiate the divorce proceeding by filing a complaint with the court. In an uncontested divorce, the defendant may not want to answer the complaint. Since the parties have already agreed to the terms of the divorce, the defendant has no reason to challenge the divorce. But since a defendant has 20-30 days to answer a complaint, there is an unnecessary delay in the process. The defendant can eliminate this waiting period by waiver and allow the case to proceed more quickly. This waiver can be made in the defendant’s affidavit, which is to be filed with the divorce.
If you would like to speak with an attorney about expediting a divorce case, The Law Firm of Vaughn and Weber can help. Call our office at 516-858-2620 today to schedule a free consultation. We are located in the heart of Long Island at 393 Jericho Turnpike, Suite 208, Mineola, NY 11501.
Court Finds that Debt Collectors Misled Borrowers
A debt collection agency recently sent a letter to borrowers telling them that their student loan debts could not be discharged in bankruptcy, and must be paid. The truth is, student loans CAN sometimes be discharged in bankruptcy, although it is uncommon. Read more about this topic here.
Debt collectors make misleading statements often, judging from the number of successful Fair Debt Collection Practices lawsuits against them. If you have been harassed, lied to, contacted at unusual hours, or otherwise abused by debt collectors, you may be entitled to compensation.
The attorneys at The Law Firm of Vaughn and Weber can help in these matters. We are located in the heart of Long Island, at 393 Jericho Turnpike, Suite 208, Mineola, NY 11501. Call (516) 858-2620 today for a free consultation!
Who Will Care For Your Children if You Die Before They Can Care for Themselves?
It’s hard to plan for the worst, but failing to do so may only make things harder. When drafting a will, it is all too easy to imagine that it will only be used when our children are grown, perhaps with families of their own. But thinking this way may cause us to focus too narrowly on deciding who gets our property. What if things don’t happen according to this timeline? What if you die before your children are able to take care of themselves? Who will care for them? Who would you like to make this decision – yourself or a court?
New York’s Domestic Relations Law allows parents to use wills to appoint guardians for their minor children. Guardians can be appointed to take physical custody of children, and to look after the finances and assets that are left to those children. Further, parents can choose a different guardian for each of these tasks – one to look after the child, one to administer the child’s finances. When a guardian is appointed, courts will generally respect the parent’s decision (although a court could find that the guardian is unfit). However, if a parent doesn’t appoint a guardian, the court will make this decision itself. If you feel uncomfortable about leaving such a decision in the hands of a court, The Law Firm of Vaughn and Weber can help you draft a will that appoints a guardian for your child.
If you have questions about this or other legal issues, call The Law Firm of Vaughn and Weber at (516) 858-2620 to schedule a free consultation. We are located in the heart of Long Island at 393 Jericho Turnpike, Suite 208, Mineola, New York 11501.
*Contributions to this article have been made by Jason Mays, J.D.