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.

Debt Collectors Misled Borrowers

On September 6, 2012, in Debt collection defense, by Jason Mays, Esq.

Debt Collectors Misled Borrowers

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 misled borrowers 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.

Long Island Litigation Attorneys

The attorneys at The Law Firm of Vaughn, Weber & Prakope, PLLC can help in these matters.  Call (516) 858-2620 today for a free consultation!

Aggressive Debt Collectors

On September 6, 2012, in Debt collection defense, by Jason Mays, Esq.

Aggressive Debt Collectors

This article seems to suggest that they are. Although this is bad news for borrowers, the law, fortunately, protects borrowers from overly aggressive debt collectors. Debt collectors that harass borrowers, contact borrowers at odd hours, or contact borrowers’ employers may be violating the Fair Debt Collection Act. If so, those debt collectors may be forced to pay borrowers $1,000 in damages. Additionally, without proper documentation, the debt may be discharged.

If you believe that you have been harassed by aggressive debt collectors, the Law Firm of Vaughn, Weber & Prakope, PLLC is here to help! Call (516) 858-2620 for a free consultation.

Child Custody Disputes: Primary Caretaker as a factor

On May 2, 2012, in Divorce, Family Law, by John A. Weber IV, ESQ.

Primary Caretaker as a Factor in Child Custody Disputes.

Often, when contemplating a child custody dispute, a parent may expect to be awarded custody of a child simply because that parent has spent more time raising or caring for the child. Depending on the circumstances, however, a court may or may not award custody to such a parent.

The New York Domestic Relations Law – which governs issues such as child custody, divorce, and other family law matters – contains the following language.

In all cases there shall be no prima facie right to the custody of the child in either parent, but the court shall determine solely what is for the best interest of the child, and what will best promote its welfare and happiness, and make award accordingly.

With this language, the New York Legislature has directed courts to award custody based on what the court believes to be in the best interests of the child. Courts consider all aspects of a child’s living arrangements and relations with parents when making custody decisions. The fact that one parent has acted as the primary caretaker of the child will certainly be taken into account. But a court will not award custody to either parent for this reason alone. This may seem unfair to some parents. But again, the court’s sole concern in custody determinations is the best interest of the child. Courts are not concerned with redressing grievances between parents, or compensating a parent for his or her investment in a child’s well-being.

If you are currently facing a child custody dispute, or are concerned that you may be facing one in the future, The Law Firm of VAUGHN & WEBER, PLLC is here to assist you.  We are conveniently located in the heart of Nassau County, Long Island, at 393 Jericho Turnpike, Suite #208, Mineola, NY 11501.  Call (516) 858-2620 to speak with a Family Law Attorney today!

*Contributions to the research and preparation of this blog were made by Jason Mays, J.D. (awaiting admission in NYS)

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