Marriage Equality Act

On July 29, 2011, in Divorce, Family Law, by John A. Weber IV, ESQ.

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!

Chapter 7 Bankruptcy: How long will it take?

On July 28, 2011, in Bankruptcy, by Robbie L. Vaughn, Esq.

How long will my chapter 7 bankruptcy case take to close?

Well, most of our chapter 7 bankruptcy cases take roughly 3 months from case filing until discharge/case closure (Note: Discharge and case closure are not the same thing).

Additionally, when your attorney files his or her chapter 7 bankruptcy cases could add to the length of time you are waiting for  your bankruptcy case to close. Some attorneys “batch file” their chapter 7 cases. They hold their chapter 7 cases and file them together on a particular day (i.e. the end of the month).  We file our bankruptcy cases as they are ready to be filed. As always, we hope that you found this information helpful.

The Law Firm of Vaughn & Weber, PLLC,  proudly assists residents of Long Island (Nassau county, Suffolk county) and New York City (Queens, Brooklyn and Staten Island) with their bankruptcy filings. Call (516) 858-2620 to arrange a FREE  consultation with a bankruptcy attorney!

 

Month to Month Lease

On July 26, 2011, in Landlord-Tenant, by Robbie L. Vaughn, Esq.

Month to Month Lease

Is a Month to Month Lease good or bad?

It depends on how you look at it:

Landlord

Good: Generally, Landlord can terminate the lease for any reason with a 30 day notice.

Bad: Generally, Tenant can leave at the end of any given month.

Tenant

Good: Generally, Tenant can leave at the end of any given month.

Bad: Generally, Landlord can terminate the lease for any reason with a 30 day notice.

So, neither side really has much security with a month-to-month lease agreement. However, there are situations when a month to month lease is appropriate. Landlords and tenants should consult with a Landlord-tenant attorney to fully understand the pros and cons of entering into a month-to-month lease.

We proudly assist Landlords and Tenants in Nassau county (Long Island), Suffolk county (Long Island), Queens (New York), and Brooklyn (New York) with their landlord tenant matters. Call (516) 858-2620 to arrange a consultation with a Landlord Tenant attorney!

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I-485 Adjustment of Status

On July 5, 2011, in Immigration, by John A. Weber IV, ESQ.

I-485 Adjustment of Status

Recently, we have been receiving questions concerning the adjustment of status requirement for obtaining a Green Card.  When applying for a Green Card, you must first adjust your status from that of non-immigrant to permanent resident of the United States by filing an I-485 Application.  Where one files is determined by their category of eligibility.  Depending on their situation, one may have to file in Chicago, Vermont, Phoenix, Dallas or Nebraska.  The usual filing fee is over $1000 unless you fall under an exception such as age, refugee status, etc.  It is difficult to determine how long it will take to receive approval for an I-485 Application.  The process depends on many factors including petition category and security background checks.  You can check the status of your I-485 Application online, by phone/email or in person.  Not everyone is eligible to apply for Adjustment of Status including but not limited to persons not admitted or paroled following inspection by an immigration officer or someone whose authorized stay expired before filing their I-485 or cases of unauthorized employment.  Although not essential, it may often be beneficial for applicants to attain an Employment Authorization Document (EAD) or Advance Parole (AP) travel document.  In addition, drug or alcohol related offenses as well as arrests must be reported on the I-485 application.  If all of the paperwork is in order and satisfactory, it shouldn’t be long before one may receive their Green Card.   As always, if you have any questions regarding the immigration process, please feel free to call us at (516) 858-2620!

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