Divorce and Attorney’s Fees

On August 19, 2010, in Divorce, Family Law, by Robbie L. Vaughn, Esq.

Divorce and Attorney’s Fees

Along with the no-fault divorce bill, Governor Paterson also signed bill A7569-A/S4532-A which creates a presumption that a less monied spouse in a divorce case is entitled to payment of attorneys’ fees. The following are excerpts from the bill:

“This bill provides for a rebuttable presumption of interim attorney’s fees to the non-monied spouse in a matrimonial case or in proceedings to enforce a judgment therein. It also authorizes the court to order expert fees to be paid by one party to the other to enable the party to carry on or defend the action.”

“The parties are also required to provide financial information to the court to enable the court to make its determination regarding counsel and expert fees.”

Also see bill A11576/S.8391 which changes the effective date from 120 days after it shall have become a law to 60 days after it shall have become a law.

If you have any further questions about this new development in New York Law, please feel free to contact the Law Firm of Vaughn, Weber & Prakope, PLLC today at (516) 858-2620.

Click here to read the bill

“No Fault” Divorce: Not As Easy At It May Sound

On July 26, 2010, in Divorce, Family Law, by John A. Weber IV, ESQ.

No Fault Divorce

No fault divorce in New York ?

With a bill pending that would allow New Yorkers to obtain a divorce under “No Fault” grounds, our office has been receiving some questions.  I hope that this can clear some of those questions up for people.  The bill would allow parties to terminate their marriage without meeting the requirements of the six traditional grounds for divorce in the New York Domestic Relations Law section 170.  “No Fault” divorce therefore, in essence eliminates the issue of grounds from litigation.  It is unquestionable that this does make it easier to obtain a divorce in New York.  It is however, not as easy as it sounds.  All other issues must be worked out or determined before a successful “No Fault” divorce can be granted.  Therefore, maintenance issues (which also have a pending change forthcoming), child custody, visitation, child support, equitable distribution of property, etc., must all be resolved through traditional means.

Since grounds for which a divorce may be obtained are litigated on a lesser level than other matrimonial issues in the first place, this new development does not make things as easy as it sounds.  When it does take effect however, New Yorkers will no longer be considered a “difficult” state to end a marriage due to the lack of “Irreconcilable Differences” as a ground.

If you have any further questions about this new development in New York Law, please feel free to contact the Law Firm of Vaughn, Weber & Prakope, PLLC at (516) 858-2620 today!

Will I Lose My House or Car If I File Chapter 7 Bankruptcy?

On July 15, 2010, in Bankruptcy, by Robbie L. Vaughn, Esq.

Will I lose my home or car if I file for chapter 7 bankruptcy?

Usually not.

In most cases you will not lose your home or car during your bankruptcy case as long as you can exempt the equity, if any exists, in your home or car. In New York, a person is currently allowed a fifty thousand dollar ($50,000.00) homestead exemption and a twenty-four hundred dollar ($2,400.00) motor vehicle exemption. If the property is exempt it may not be taken by the trustee.

However, bankruptcy does not automatically make a valid lien, mortgage or other security interest go away.  Therefore, if you don’t make your payments on that debt, the creditor may be able to take and sell your home or car, during or after the bankruptcy case. Technically, a creditor can repossess your car even if your  payments are current. The law requires you to redeem, surrender or reaffirm the vehicle (your bankruptcy attorney should advise you about this issue).

As always, The Long Island Bankruptcy Law Firm of VAUGHN & WEBER, PLLC is here to assist you.  We are conveniently located in the heart of Nassau County, Long Island, at 217 Willis Avenue in Mineola, NY 11501.  Contact us at (516) 858-2620 to arrange a consultation with a bankruptcy Attorney.

Please visit our Bankruptcy category to learn more about filing bankruptcy.

Remember:  The law often changes, and each case is different. The above is meant to give you general information, and not to give you specific legal advice.

Inspecting New Constructions

On April 18, 2010, in Real Estate, by Robbie L. Vaughn, Esq.

Inspecting New Constructions

Inspecting new constructions

One good reason to have a newly constructed home inspected for defects:

New York law provides every purchaser of certain newly constructed homes with a statutory home warranty (the “Housing merchant implied warranty”). However, the warranty only covers certain latent (hidden) defects.

The Warranty statute states that:

“Unless the contract or agreement by its terms clearly evidences a
different intention of the seller, a housing merchant implied warranty
does not extend to….any patent defect which an examination ought in the circumstances
to have revealed, when the buyer before taking title or accepting
construction as complete has examined the home as fully as the buyer
desired, or has refused to examine the home.”

In other words, the statutory warranty does not cover patent (obvious) defects that the purchaser should have discovered before the closing.

Therefore, it is best to discover all patent defects before the closing. This will give the purchaser and his/her real estate attorney more leverage to negotiate an agreement with the seller regarding the repairs.

As always, the Law Firm of Vaughn, Weber & Prakope, PLLC is here to assist you.  Contact us at (516) 858-2620.

Please visit our Real Estate category to Learn more about real estate.

The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation. This website is Attorney Advertising. It does not form an attorney-client relationship. We are a debt relief agency and a law firm that helps people file for bankruptcy relief under the U.S. Bankruptcy Code – Title 11. Prior results do not guarantee a similar outcome. Proudly assisting residents of Long Island, Nassau county, Suffolk county, New York City, Queens, Brooklyn, Bronx, Staten Island, Manhattan