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!
Uncontested Divorce
It has become apparent to me that the term “UNCONTESTED DIVORCE” has a lot of people confused. An uncontested divorce is actually quite simple. In short, an uncontested divorce simply means that the two parties will have no dispute as to maintenance, child support, child custody or visitation, or equitable distribution. If you fit these criteria, then your marriage may be ended via an uncontested divorce. If there is a dispute to one or more of these issues that cannot be resolved by the parties, then the divorce will be transferred to the contested divorce calendar. Although the uncontested divorce process is less litigious, it is still wise to consult with and retain an attorney to ensure that the proper paperwork is completed and filed. Errors in the divorce papers themselves, or filing errors will result in extreme delays of the judgment. The uncontested divorce process on average will take anywhere between three to six months to complete. Errors can double or triple that time frame. Severe errors could lead to a dismissed case or a case being sent to the contested divorce calendar. Cooperation of the parties can significantly shorten the wait time for the divorce to be complete.
Long Island Divorce Attorney
If you have any questions on how to process an uncontested divorce as quickly as possible, please feel free to contact one of our attorneys at (516) 858-2620!
The new “No-Fault” divorce law in New York (NY DRL §170(7)) has drawn quite a reaction. Some positive; as would be expected. Some negative; which goes without saying. For years, there has been controversy over whether New York should follow most states down the path of “Irreconcilable Differences,” as a grounds for divorce. Should New York value marriage more than other states? Should New Yorkers be forced to have a good reason to end their marriages? The flip side of the coin has focused on the reality of the situation. Those in favor of irreconcilable differences have kept the view that New Yorkers will get divorced anyway; even if they have to lie about the reason. Should New Yorkers have to lie about why they are ending their marriages? Well now they won’t have to. At least, according to some. On October 15, 2010, New York became the last state to enact a “No-Fault” divorce statute. In a recent article on August 16, 2010 on Bloomberg.com by Carlyn Kolker and Patricia Hurtado entitled “Divorce Easier as New York Ends Need to Lie,” New York’s divorce record and data are presented. You can see that article at http://www.bloomberg.com/news/2010-08-16/breaking-up-not-so-hard-to-do-as-new-york-s-divorce-law-ends-need-to-lie.html.
The fact of the matter is that New York has come a long way in making divorce easier with the implementation of this new law. It is not as easy as some may think though. “No-Fault” simply ends the battle over blame. It ends the need to lie over whose fault the divorce is in the first place. It doesn’t resolve the issues of child custody and visitation, maintenance, child support, and equitable distribution. All of these issue still need to be resolved or the removal of the blame is all for naught. To be honest, the grounds issue is not litigated as often as the other issues anyway. So in most cases, this “No-Fault” statute, will not be helpful.
If you are considering getting divorced and all of the publicity about this new law has you confused; Feel free to call us at (516) 858-2620 !
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