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!
New York’s No-Fault Divorce
Recently, we have received some questions regarding whether or not a Defendant can challenge a New York’s No-Fault Divorce. Being that the statute is so new, there still remains some uncertainty and inconsistency throughout the trial courts. The truth is that nobody really knows at this point. The statute calls for an “irretrievable breakdown of the marital relationship in excess of 6 months.” The language itself does give rise to certain questions such as how a Plaintiff can prove such a breakdown?; or how can a breakdown be irretrievable when at least the Defendant is willing to reconcile. These are issues that will need to be worked out in the higher courts. If you have questions regarding the new No-Fault Divorce statute in New York, call (516) 858-2620 to speak to a Matrimonial Attorney.
Divorce Attorney in Mineola
Please call the Law Firm of Vaughn, Weber & Prakope, PLLC at (516) 858-2620 to speak to an attorney today.
Marital Agreements
Recently, we have received several questions regarding marital agreements such as prenuptial and separation agreements. The questions seem to focus on whether or not the agreements are binding. Primarily whether or not a court can decide to modify the terms of such agreements if they are deemed unfair. The truth of the matter is that these types of agreements are legal contracts. If executed in compliance of the required formalities, then these agreements are generally binding. Modifications to these agreements are permissible as long as both parties consent and follow the appropriate formalities for modifications. Courts, however, will tend not to modify the terms of such agreements unless there are extenuating circumstances. It is not an easy task to convince a judge to alter or void the terms of these marital agreements. One exception to this general conclusory statement is when the best interest of an involved child would dictate that the Court intervene and impose its will. These agreements are very intricate and the necessary terminology can be the difference in whether one of these marital agreements are valid and enforceable or possibly declared void and meaningless. As always, please call the Law Firm of Vaughn, Weber & Prakope, PLLC at (516) 858-2620 to speak to a family law attorney!
Divorce vs. Separation Agreement
The difficult decision between divorce vs. separation agreement is not easy to make. Many people who are interested in terminating their marital relationship are unclear about the method of doing so. They ponder whether or not they should file for divorce or simply discuss a separation agreement with their spouse. The truth is that each case is different and what may be the best thing for you may not be the best thing for someone else. This is because some couples have severe communication difficulties which makes it nearly impossible to negotiate a separation agreement. Hiring legal counsel to negotiate these agreements may help to resolve important issues more expeditiously. Attorneys may not always be able to help the couple work out their issues however. In these cases, filing for divorce may be the only realistic way of terminating a marriage. As always, you should consult with an attorney to discuss your options in detail before making any decision on which method of matrimonial termination is best for you.
Long Island Divorce Attorneys
If you are unsure about how to terminate your marriage and you have questions, please feel free to contact us today to speak with a family lawyer at (516) 858-2620!
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