Marriage Equality Act (MEA)
Recently we have received several phone calls regarding the Marriage Equality Act. The Marriage Equality Act is the act which has changed the New York Domestic Relations Law to allow the parties to a marriage to be of the same sex.
This act also ensures that all benefits that are given to heterosexual married couples also be given to homosexual married couples; whether these benefits stem from legislation, common law, administrative or court rule, public policy or however else. This MEA has gone into effect as of July 24, 2011. In the Dickerson v. Thompson ruling, the Court points out the fact that The MEA also provides that valid out of state same sex marriages will be recognized and treated the same as valid in state marriages of any kind.
Long Island Divorce Attorneys
As always, if you have any questions regarding The Marriage Equality Act, please feel free to call the Law Firm of Vaughn, Weber & Prakope, PLLC at (516) 858-2620 to speak with a Family Lawyer!
Same Sex Marriage in New York
As I am sure you have all heard that New York has become the most recent state to allow same sex marriage (which was long overdue). There may be some “old” concerns for “new” couples hoping to take advantage of the new law. Issues of pre nuptial and post nuptial agreements need to be considered. There will also be issues involving divorces and estate planning which need to be considered. With all of the excitement that is surrounding the passing of this new same sex marriage bill, it may benefit those effected to take a step back and plan accordingly. Pre nuptial agreements are an excellent way to protect assets and clarify the intentions of both spouses ahead of time (before the marriage) so that there are no surprises later. Post nuptial agreements are a way for couples to draw a line and add stabilization to a wavering marriage. Either way, with all of the excitement over the new same sex marriage bill, there are sure to be some questions on the horizon. As always, if you have any questions about how to design a pre or post nuptial agreement to meet your specific needs, feel free to call the Law Firm of Vaughn, Weber & Prakope, PLLC at (516) 858-2620!
Squatter or Holdover
Figuring out if the occupant is a squatter or holdover tenant is easier than you would think. Recently we have received a lot of phone calls regarding situations where landlords are having difficulty with people in their rental properties that they have never signed a lease with. In this situation, the first thing that seems to come to the minds of most people is that they are dealing with a squatter. A quick reference is to look to the amount of time that the intruder is on the property for. If they are on the property for more than 30 days, then the easiest way to remove them from the premises is via a holdover proceeding. If the intruder is there for less time, then they may be ejected as a squatter. Often times, a holdover proceeding seems to give the landlord a more guaranteed approach to recovering their property. The tradeoff is that with a holdover proceeding, the time to evict is often a little longer.
If you have questions regarding your landlord or tenant and whether or not the situation in which you are involved should be dealt with as a holdover or ejectment, then feel free to call the Law Firm of Vaughn, Weber & Prakope, PLLC at (516) 858-2620!