Noncompliance with Financial Disclosure

Amidst all of the emotions that a divorce case brings to the forefront, there are certain details that need to be respected.  One of these details is often met with hesitation.  That would be compulsory financial disclosure required by New York Domestic Relations Law.  Clients seem to be very curious as to how far they can push this requirement without complying.  It need only be said that failure to comply with required financial disclosure can result in penalties under CPLR §3126.  Such penalties can result in having equitable distribution issues resolved in favor of the other party; the Court prohibiting you from being allowed to introduce certain relevant financial evidence necessary to support your case; or even dismissal.  Although it can be tedious to complete the disclosure paperwork, it is still better than losing your share of the marital assets for failing to comply.  If you have any questions regarding this matter or need assistance with a divorce in general, please call 516-858-2620 to speak to a Divorce Attorney today!


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.


Divorce vs. Separation Agreement

On December 5, 2011, in Divorce, Family Law, by John A. Weber IV, ESQ.

Divorce vs. Separation Agreement

The difficult decision between divorce vs. separation agreement is not easy to make.  Many people who are interested in terminating their marital relationship are unclear about the method of doing so.  They ponder whether or not they should file for divorce or simply discuss a separation agreement with their spouse.  The truth is that each case is different and what may be the best thing for you may not be the best thing for someone else.  This is because some couples have severe communication difficulties which makes it nearly impossible to negotiate a separation agreement.  Hiring legal counsel to negotiate these agreements may help to resolve important issues more expeditiously.  Attorneys may not always be able to help the couple work out their issues however.  In these cases, filing for divorce may be the only realistic way of terminating a marriage.  As always, you should consult with an attorney to discuss your options in detail before making any decision on which method of matrimonial termination is best for you.

Long Island Divorce Attorneys

If you are unsure about how to terminate your marriage and you have questions, please feel free to contact us today to speak with a family lawyer at (516) 858-2620!

New York Uncontested Divorce

On July 21, 2011, in Divorce, Family Law, by John A. Weber IV, ESQ.

Uncontested Divorce

In the past few months we have received a lot of phone calls from people who either attempted to file their own uncontested divorce or hired the cheapest attorney they could find to file their uncontested divorce for them.  Unfortunately, these folks have found out the hard way, that mistakes in the paperwork or the filings of these uncontested types of divorce can lead to serious delays and stress.  Although an uncontested divorce is not as technically challenging as a contested divorce may be, it should still be taken seriously.  An uncontested divorce controls the manner in which a marriage is dissolved.  Issues of child custody, child support, maintenance, and property distribution are all at stake when these divorce papers are prepared and filed.  It is very important that you find a competent professional to prepare and file your divorce.  Saving several months time and a lot of money that it takes to fix mistakes in the divorce process is well worth the slightly higher cost that you may pay.  As always, if you have any questions or concerns, feel free to contact the Law Firm of Vaughn, Weber & Prakope, PLLC at (516) 858-2620!

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