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Divorce Rates For Women In the Military

Divorce rates for women in the military is double the divorce rate for men in the military. Approximately 8% of the women in the Armed Services of the United States obtained a divorce in 2010.  Only 3% of the men in the military were divorced in that year.  Dr. Benjamin Carney, a psychology professor at UCLA, conducted a study of divorce rates among military families between 1996 and 2005. This study showed that divorce rates for women in the military were 2 to 3 times higher than divorce rates for men.  Dr. Carney has two theories as to why the divorce rates for women are higher.  First is that the Armed Services are designed for military families that have civilian wives.  The Armed Services is not designed to deal with families where the husband is the civilian.  Marriages between men, who are in civilian life and women who have military careers have the highest  potential of ending in a divorce.  Men who have chosen military careers have civilian wives in 90% of the marriages.  However, women in the military have a majority of spouses that are also in the military service. Professor Carney also sees gender role reversals as an additional reason for the disparity between the divorce rates for men and women in the Armed Services.

Conclusion: If the Armed Services is going to be a more attractive place for women, action must be taken to help them maintain and keep their marriages going.

New York and Long Island Divorce Lawyers

The Law Offices of Schlissel DeCorpo handles all types of divorces. We represent individuals in the service as well as men and women in civilian life. We litigate divorce issues involving divorce grounds and family law related matters. We represent our clients concerning orders of protection, child custody, child abuse and child neglect matters. We negotiate separation agreements, pre nuptial and post nuptial agreements on behalf of our clients. We litigate issues involving mother’s rights and father’s rights. We help our clients deal with the division of property in divorces and we also work towards amicable resolution of divorce issues. Feel free to call us for a free consultation

Constructive Abandonment (Sexual Abandonment Denied)

constr-150x150 Justice Bruno sits in a Supreme Court located in Nassau County, New  York. Last summer he made an interesting decision on a case that was  before him. A man brought a divorce lawsuit against his wife. The grounds for divorce was constructive abandonment. (Sexual  abandonment by the spouse for a period in excess of one year).

The man testified his wife had refused to have sexual relations with him for a period of twelve years. His wife testified that she never refused to have sexual relations with him. Judge Bruno found each of the parties credible in their testimony.

In his decision, he stated, “on balance, these competing versions of the relationship of the parties in and of itself is a wash.” “Put another way, plaintiff has not established a fair preponderance of the credible evidence that there was a constructive abandonment here where there is even balance of evidence the court is required to find for the defendant.”

Civil Case Evidence Standards

In a civil case, the standard a plaintiff must prove is called a preponderance of the evidence. This can be explained as the scales of justice, with more evidence on one side than the other. This is different than a criminal case, where a case must be proven beyond a reasonable doubt and the district attorney’s office must obtain a unanimous jury decision.

Constructive abandonment issues involve what takes place in a married couples bedroom. These are almost always “he said, she said” cases.

Irreconcilable Differences

Under the new ground for divorce called irreconcilable differences, these issues are no longer significant. Under the new irreconcilable differences ground for divorce in New York, one party must simply allege that irreconcilable differences between the spouses have existed for a period of more then six months. This simplifies the grounds issue in divorce situation.

Long Island Divorce Lawyers

We are divorce lawyers and our office is on Long Island. We litigate all divorce related issues and family law issues. We deal with matters concerning orders of protection, child custody, child abuse and child neglect. We litigate annulments when appropriate. We represent individuals in high net worth divorces and we deal with issues concerning the division of property, fathers’ rights, mothers’ rights and both pre-nuptial and post-nuptial agreements. Call us if you need a divorce or family court attorney.

Same Sex Marriage Fails in Maryland

There is a bill before the Maryland State Legislature to allow same sex marriage. On Friday, March 11, 2011, this bill was withdrawn from consideration due to the unlikelihood of the bill being passed by the state legislature. The law was titled the Civil Marriage Protection Act. For the past few weeks, the bill sponsors have been claiming that Maryland would be the sixth state to pass a same sex marriage law. The sponsors’ difficulties have been increasing in recent days.

The National Organization for Marriage and The Family Research Council both opposed this bill. They claim that African Americans and religious opponents were the reason for the defeat of the bill. They stated that particular thanks must go to African American pastors, church members and delegates who spoke out against the attempted highjacking of the concept of civil rights.

The bill supporters hoped to obtain full marriage rights similar to those that exist in Massachusetts, New Hampshire, Vermont and Connecticut and the District of Columbia. They were not interested in a civil union statute, which they claim was a watered down version of what they wanted. For now, gays can’t marry in Maryland.

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Nassau County Divorce Lawyers

We are divorce lawyers. For more than 33 years, we have represented clients concerning issues involving divorces, divorce grounds, family law matters, orders of protection, child custody, child abuse, child neglect, separation agreements, annulments, division of property in divorce, amicable divorce, fathers’ rights, mothers’ rights, mediation and pre-nuptial and post-nuptial agreements.

We also represent individuals married in other states who are seeking divorces in New York. Same sex relationships involve many of the same issues that heterosexual divorce are involved with. Feel free to call us for a free consultation at 1-800-344-6431, 516-561-6645 or 718-350-2802.

Dumb Bellagio Bandits

A man wearing a motorcycle helmet entered the Bellagio Hotel in Las Vegas on Tuesday, December 14, 2010. He pulled out his gun at the window where the chips were maintained. He escaped with $1.5 million dollars in chips! In the movie “Ocean’s Eleven”, the Bellagio Hotel is robbed by George Clooney, Brad Pitt and his crew.

Bellagio Chips May Be Worthless!

chips-150x150As indicated earlier, the robber received Bellagio chips and not money. Although these chips can be used at the Bellagio Hotel, the robber will have difficulty in converting these chips into money. To start with, these chips are very rarely circulated. The Bellagio has notified all of it’s cashiers, pit bosses and other employees of the robbery. The Bellagio security personnel will certainly be on the lookout for anyone trying to cash in large amounts of chips in the future. Within the chips is a tiny electronic devise that will allow the Bellagio Hotel to track the chips.

The police believe the same individuals that robbed the Bellagio Hotel also stole $20,000 in chips from the Las Vegas Sun Coast Hotel the same day. The casino industry in Las Vegas has some of the most sophisticated security devices in the world to deal with robberies.

clooney-150x150For now, the exploits of George Clooney and Brad Pitt’s crew in Ocean’s Eleven have made a terrific movie about robbing the Bellagio Hotel. Unfortunately, it was a fairy tale!

New York Divorce Lawyers

We can handle your divorce. We will aggressively deal with child support, child custody, spousal maintenance (alimony), division of property and all other divorce-related issues. Call us at 1-800-344-6431, 516-561-6645 or 718-350-2802. We can help you!

The Court Values Marital Property and Professional License

Justice W. Kelly, sitting in the Supreme Court in Rockland County recently rendered a decision in a contested matrimonial action. In this lawsuit he determined the valuation of the husband’s dental practice. He also valued other separate property and marital property. The assets in question were the marital residence and its contents, and husband’s commercial real estate as well as his dental practice in Rockland County. There was also an issue concerning the appreciation of a dental practice the husband maintained in the City of New York. The couple also had bank accounts, bonds, investments and various retirement accounts. On the other side of the ledger were credit card debts.

During the course of the trial the husband claimed that he was entitled to a credit of approximately $324,000. This represented a gift from his father that he used to purchase the parties’ home. The parties’ home in Rockland County was appraised at the time of the divorce at approximately $915,000.

The wife claimed that the gift from the husband’s father had been trans-mutated into marital property because it had been commingled. Justice Kelly determined that plaintiff was entitled to a credit for the separate property used to purchase the home, to wit: the $324,000 given to him by his father, even though there was a commingling of the separate property with marital assets. He stated that the balance of the proceeds from the sale of the marital residence should be distributed equally. He awarded the wife a 35% interest in the equity in her husband’s real estate. This took into consideration her participation in his dental practice.

High Asset Divorces

Our law firm has been representing doctors, lawyers and individuals who own small businesses in divorces for three decades. High asset divorces require the skill, patience and knowledge of very experienced matrimonial attorneys. Our office maintains an accountant on our staff to assist us in the valuation of sophisticated assets. If you have issues involving equitable distribution of assets, division of property, valuation of professional practices and licenses in divorce proceedings, the eighty (80) years of combined expertise in our law firm has in handling divorces would be invaluable to you. Call us for a free consultation at 1-800-344-6431; 516-561-6645 or 718-350-2802.

Lawyer in Divorce Case Loses It and Gets Suspended

divorce1-150x1503 Anthony Chiofalo is an attorney. He was married in 1990. His wife filed for divorce against him in 2005. At the time of the writing of this article, the case was still not completely resolved.

During the course of his divorce proceedings, Mr. Chiofalo made “hostile, obscene and derogatory” statements to his wife and the other personnel involved in their divorce proceeding. As a result of his bad behavior, the Appellate Division of the First Department has suspended him from the practice of law for a period of two years.

Mr. Chiofalo was involved in a long contentious divorce proceeding with his wife. Refusing to listen to his own attorney’s advise, he sent written notes that were “riddled with profanities to his wife, her lawyers, his son’s Law Guardian and the Law Clerk assigned to his divorce case”. During one heated portion of the litigation, Mr. Chiofalo “threatened to cut off one attorney’s pinky and send it to his wife”. He also made inappropriate remarks to the judge handling this case regarding the judge’s honesty and integrity.

The Appellate Division noted in their decision that Mr. Chiofalo had been found guilty in Bronx Criminal Court of disorderly conduct based on his violation of an Order of Protection that had been given to his wife and children.

In his defense, before the Appellate Division (the disciplinary authority regulating attorney conduct in the state of New York), he claimed that his conduct was caused due to “stress over his divorce and financial situation”. He also advised the court that his misconduct did not effect his handling of any of his client’s cases.

Should you be facing issues involving divorce, custody, child support, spousal maintenance, equitable distribution of marital property or the valuation of professional licenses, contact a divorce lawyer at the Law Offices of Schlissel DeCorpo at 1-800-344-6431; 516-561-6645 or 718-350-2802. We can help you.

Is Marriage Becoming Obsolete?

marry-150x150A recent study found that four out of ten Americans think marriage is obsolete.  This same study also showed that attitudes have been changing concerning gay relationships and gay marriage.  Today, an unwed couple can be the definition of a family situation.

Since the 1970’s, there has been a significant increase in the number of Americans who believe the institution of marriage is becoming obsolete.  In 1978, only 28% of Americans questioned by Time Magazine believed that marriage was becoming obsolete.  Today, that number has climbed to 39%.

Although marriage is becoming less popular in the United States, various attitudes reflect different racial, social and ethnic groups regarding the institution of marriage and are reflected in a survey conducted by Pew Research Center and Time Magazine.  The gap between marriage rates for college graduates and individuals with only a high school education is growing larger.  In 1960, the gap was only 4%.  Today, the gap is 16%.  Among college graduates, 64% now marry, as compared with 48% of individuals with only high school educations.  The reason the less educated Americans are marrying less often has to do with financial issues.

The study conducted by the Pew Research Center and Time Magazine also showed that 86% of respondents consider a single parent and a child to be a family.  If marriage rates go down, then divorce rates should go down.  Unfortunately, that is not the case. The divorce rate in most states in the United States is approximately 50%.

About our Firm: New York and Long Island Divorce Lawyers

The Law Offices of Schlissel DeCorpo have been handling divorces for men and women in the Metropolitan New York area for more than thirty years.  Our firm litigates all aspects of divorce proceedings, including child custody, visitation, division of property, fathers’ rights, mothers’ rights, and all issues concerning orders of protection.  If we can be of assistance to you, feel free to call us at 1-800-344-6431, 516-561-6645 or 718-350-2802.

No Fault Divorce Comes To New York

dealdivorce-150x129New York is now joining the other 49 states in the United States with regard to divorce laws. The New York State Assembly has passed a no fault divorce law. Now both the State Senate and the Assembly have passed the liberalized New York divorce law, and it is anticipated that Governor Patterson will sign the new no fault divorce law very soon.

The new no fault divorce law will provide a ground for divorce where one spouse can unilaterally end a marriage by swearing under oath that the marriage has been broken beyond repair for at least six months. This is a major change in the divorce laws of the State of New York. New York was the last hold out to the modernization of its divorce laws; New York is now in synch with the other 49 states.

Up until now to obtain a divorce in New York, one party had to prove a fault ground such as cruel and inhuman treatment, abandonment, constructive abandonment, or adultery. The only ground for a no fault divorce was living separate and apart pursuant to a written separation agreement for one year.

It should be noted that the new divorce law only deals with the issue of fault. It does not deal with issues concerning child custody, visitation or division of property (equitable distribution).

The new law will allow individuals in an unhappy marriages to get divorced more quickly than they could have in the past. Critics claim that the new divorce law will allow people to place less importance on marriage and therefore increase the divorce rate.

Some critics have raised issues concerning the new divorce law with regard to individuals abandoning critically ill spouses. In situations where a spouse may need to go into a nursing home, obtaining a divorce may free the individual from supporting the spouse and create a further burden on Medicaid or other publically funded programs to pay the expenses for the nursing home. There is also concern that more affluent spouses will use the new divorce law to quickly end marriages and leave the less affluent spouses destitute.

I believe the new New York No Fault Divorce Law is a good thing for the residents of the State of New York. It may help simplify some divorces and make the system more efficient and user friendly. Query: Should marriage now become contract that is subject to renewal every 5 years?

If you have any questions concerning New York Divorce, contact the divorce attorneys at the Law Offices of Schlissel DeCorpo by email or at 1-800-344-6431.

Division of Property in a Divorce

homepage-property-divisionThe division of assets in a divorce can be a significant issue. Lawyers are expensive. They charge on an hourly basis. A “common sense” approach to division of assets can reduce your legal expenses.

Both parties may have deferred compensation assets, such as pensions, 401Ks, 403Bs, and IRAs. You should establish the value of these assets and trade them off if possible.

If the man uses the power tools on a regular basis, the majority of these tools should be given to him. If the woman utilizes a sewing machine or other items of that nature, she would be the logical owner of this equipment.

Disagreements Concerning Property Division

The division of property should only be brought to the court as a last resort. Litigating property division issues can be very expensive. An alternative to dealing with property division issues is to simply sell the property and divide the cash. Unfortunately, used personal assets generally do not generate a reasonable sales price at a tag sale.

Should you have questions concerning division of property, contact the family law attorneys at the Law Offices of Schlissel DeCorpo by email or at 1-800-344-6431.

Valley Stream, Lynbrook, Baldwin, Malverne, Freeport, Oceanside, Long Beach, Elmont, Lakeview, West Hempstead, Hempstead, Merrick, Bellmore

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