Calculating Divorce Maintenance

In New York, determining maintenance (spousal support or alimony) can be a burdensome task.  This task can become more complicated in situations where one spouse is receiving disability or a long term/permanent personal injury settlement in the form of a tax free annuity.  Although the line between separate property and marital property with regard to such payments is often blurred, the fact of the matter is that these payments can have an effect on child support and even maintenance.  Disability or annuity income can be factored in for the purposes of calculating how much maintenance a spouse should be paying to the injured party.

More importantly, the disability or annuity income should be used by the disabled spouse for the purpose of taking care of the children.  This money should not be discounted when determining who pays carrying costs.  It absolutely should be used to contribute to the support of the children.

Divorce Attorneys

If you are contemplating a divorce in which one of the spouses is receiving some type of disability or personal injury settlement payment, call (516) 858-2620 to speak to a divorce attorney today!

Shorten the Divorce Process by Waiver

On October 5, 2012, in Divorce, by Jason Mays, Esq.

Shorten the Divorce Process by Waiver

Shorten the Divorce Process by Waiver

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.

Divorce Attorney in Mineola

If you would like to speak with an attorney about expediting a divorce case, The Law Firm of Vaughn, Weber & Prakope, PLLC 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.

Residency Requirements for Divorce Actions

On May 1, 2012, in Divorce, Family Law, by John A. Weber IV, ESQ.

Residency Requirements

Not just anyone can get divorced in a New York State Court. Only litigants meeting the residency requirements set out in the New York State Domestic Relations Law Section 230 will fall within the jurisdiction of a New York State Court. If litigants do not meet these residency requirements, their divorce cases will not be heard by a New York State Court.

Domestic Relations Law Section 230 sets out five possible ways of meeting the residency requirement. If satisfied, any one of these requirements will ensure that a litigant’s divorce case falls within the jurisdiction of a New York State Court. But, in order to avoid wasting time or other resources, it is important to ensure that at least one of these requirements is met before beginning a case.

Requirement #1

(1) One spouse lived in New York State on the date the divorce action began, and
(2) for at least one continuous year immediately prior to the date the divorce action began, and
(3) the marriage was performed in New York State.

Requirement #2

(1) One spouse lived in New York State on the date the divorce action began, and
(2) for at least one continuous year immediately prior to the date the divorce action began, and
(3) the spouses at some point lived together in New York State as a married couple.

Requirement #3

(1) One spouse has been a resident of New York State for one continuous year immediately prior to the date the divorce action began, and
(2) the cause of action arose in New York State. (The “cause of action” is the event or series of events that gives one spouse grounds to seek divorce.)

Requirement #4

(1) The cause of action arose in New York State, and
(2) both spouses are residents of New York State at the time the action arose (no time requirement).

Requirement #5

Either spouse lived in New York State for at least two continuous years immediately prior to the date the divorce action began.

If you would like to pursue a divorce in New York, and have questions about residency requirements or other issues, the Law Firm of Vaughn, Weber & Prakope, PLLC, is here to assist you. Contact us at (516) 858-2620 to arrange a consultation with a divorce attorney.

 

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!

 

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