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The Grounds For Divorce in New York

The Grounds For Divorce in New YorkIrretrievable Breakdown of the Marriage

The newest ground for divorce is a no fault ground. This no fault ground is used in the large majority of divorce cases today. It simplifies the divorce process because it is a ground which does not usually have an available defense to it. The ground specifically states the relationship between the spouses has been irretrievably broken down for a period of at least six months. You do not have to specifically allege any details or information as to why the parties aren’t getting along. Although the irretrievable breakdown between the parties establishes a no fault ground for divorce, the issues of child custody, visitation, equitable distribution of property, child support, spousal maintenance, and other financial and custody related issues need to be resolved before the court actually grants a divorce.

Living Separate and Apart Under A Separation Agreement
or Court Judgment for Separation for One Year

This ground is not often used anymore. It had been used often in the past, but when the new ground, irretrievable breakdown of the marriage, came into existence a number of years ago, this ground for divorce fell largely into disuse. However, it is still a valid reason to get divorced. If the parties to the marriage enter into a validly executed separation agreement and live separate and apart pursuant to the terms of this agreement and comply with the terms of this agreement, this becomes a ground for obtaining a divorce. This also applies to judgments of separation issued by courts for a period of one year. It should be noted the grounds for bringing a proceeding for judgment for separation are exactly the same as the grounds used to obtain a divorce and therefore it is usually cheaper to go straight for the divorce and not for a judgment of separation.

Cruel and Inhuman Treatment

This ground for divorce involves physical or mental cruelty which puts the victimized spouse at risk. The allegations of physical or mental cruelty have to be specifically stated with regard to time, place, location and specificity regarding what took place to utilize this grounds for divorce.

Adultery

Adultery is the most difficult grounds of divorce to prove. In addition to being difficult to prove, there are defenses to adultery. Some of these defenses are that you forgave your spouse for having sexual relations with him or her after discovering the adultery. If the person alleging their spouse committed adultery also committed adultery, this can be a defense to the action for adultery.

Abandonment

Abandonment involves leaving your spouse for a period of one year.

Sexual Abandonment: Sexual abandonment involves refusing to have sexual relations with your spouse for a period of one year.

Conclusion

Although there are a variety of grounds for divorce in New York, today almost all divorce lawyers in New York recommend to their clients to use the no fault ground of irretrievable breakdown of the marriage. It is less expensive, less difficult to prove, and to a large extent fool proof.divorce attorney

Ashley Madison Data Going Public Causing Rising Divorce Rates

divorce attorney in New YorkHackers recently posted the names, addresses, partial credit card numbers and email addresses of the large majority of almost 40 million users of the Ashley Madison website. The Ashley Madison website acts as a center for individuals seeking to cheat on their spouses to meet other individuals who seek to cheat on their spouses through the internet. The Ashley Madison website was hacked by a group called the Impact Team. They claim to publish personal information on the “cheating dirtbags” who use Ashley Madison and “deserve no such discretion.” The Ashely Madison website states “life is short, have an affair.” It invites new users to join its millions of “anonymous members.” There is an airbrushed image of a woman on its website whose eyes are hidden and finger is pressed to her lips indicating that no one will find out your information. The woman has a gold wedding ring on her finger. The website claims the material on their website is 100% discreet.

AshleyMadison.com is owned by Avid Life Media. They have recently put out a statement stating “the criminal, or criminals, involved in this act have appointed themselves as the moral judge, juror and executioner, seeing fit to impose a personal notion of virtue on all of society. We will not sit idly by and allow these thieves to force their personal ideology on citizens around the world.”

Spouses today can go on the internet and find out if their partner’s name and information was listed on the Ashley Madison website seeking to cheat. This has caused an increase of calls to divorce lawyers. Spouses now can simply go online and see if their spouse has been seeking to cheat on them. This has caused an increase in inquiries to divorce law firms and it is expected to cause many divorces.

Conclusion

The largest cheaters website has now had its lid blown open and almost 40 million people may be subject to difficult questions and discussions with their spouses. Most people assume the material they place on the internet is secure. Obviously this is not true!family law attorney

Father Denied Sole Custody But Should Be Allowed Parenting Time With The Children

family law attorney on long islandA father had brought an application to the Family Court seeking a modification of a custody order. Father and mother had initially stipulated the mother would have sole legal custody of the children and the father would have parenting time. Father thereafter brought a proceeding to change physical custody of the children from the mother to him. He claimed the mother had prevented him from having parenting time with the children. He also argued the mother’s lifestyle was unstable and had a negative influence on the children. Unfortunately for the father, the Family Court dismissed his application. The father thereafter appealed.

The Appeal

The appeal was heard by the Appellate Division for the Third Department, an appeals court. The appeals court found the record supported the lower court’s finding the father did not meet his burden of proof to show a modification of the prior custody order was in the children’s best interest. The court took into consideration the fact the father had not utilized his parenting time with his children for the years 2006 through 2011. It should be noted the parties reconciled in 2011, but during this reconciliation it was found the father engaged in “fits of domestic violence” in the presence of the children. The appeals court therefore found no reason to change the sole custody from the mother to the father. However, the appeals court found the Family Court should have looked into the issue of providing the father with an appropriate mechanism for contacting or communicating with his children. The appeals court stated there had been a change of circumstances since the original 2006 court order and therefore the father’s right to have parenting time with his children needed to be reevaluated. The case was therefore sent back to the Family Court to establish an appropriate parenting time arrangement for the father.matrimonial attorney

VIDEO: A Billion Dollar Divorce

Watch today’s video blog where we are discussing a Billion Dollar Divorce:

Elliot S. Schlissel is a divorce attorney with more than 35 years experience representing clients in all aspects of matrimonial law. He prepares prenuptial and post nuptial agreements. Elliot can be reached for consultation at 516-561-6645, 718-350-2802 or by email to elliot@sdny.com.

Obtaining An Order Of Protection

family law attorney on long islandOrders of Protection exist to help individuals who are victims of domestic violence to protect themselves. Orders of Protection can be granted by a Criminal Court judge, a Family Court judge, or if there is a divorce matter pending, by a Supreme Court judge.

Obtaining An Order of Protection

To obtain an Order of Protection you must bring an application and in that application you must state why you want the Order of Protection and who you want the Order of Protection against. There are a number of specific allegations which can be alleged in your petition for an Order of Protection. Some of the more significant allegations contained in applications for Orders of Protection are:

  • harassment
  • physical abuse
  • emotional abuse
  • reckless endangerment
  • stalking
  • assault and battery
  • sexual abuse
  • threatening behavior

Speaking Up

When abuse takes place within a family situation, the individuals who are abused are sometimes reticent to speak up concerning the abuse. There are concerns in these situations of retaliation, embarrassment, and sometimes shame. Unfortunately, if an individual does not stand up for his or her rights concerning this abuse, the abuse may get worse and lead to serious physical injury.

Types of Orders of Protection

When an application for an Order of Protection is made, the court has a level of discretion, even when granting the Order of Protection, as to what type of Order of Protection to grant. There are basically two types of Orders of Protection granted by judges. These two types are the Stay Away Order of Protection and the Refrain From Order of Protection. In the Stay Away Order of Protection situation, the individual receiving the Order of Protection receives an order that prevents the abuser from having any contact with the victim. The order will usually state a specific distance the abuser must stay away from the victim. The abuser must avoid going to the home, workplace, or other location where the victim will be present. Sometimes it is also necessary for the victim of domestic violence to also obtain an Order of Protection protecting his or her children in addition to himself or herself.

The second type of Order of Protection is a Refrain From Order. This type of Order of Protection prevents the abuser from engaging or participating in any type of behavior which would threaten the victim, harass the victim, or cause violence against the victim. This Order of Protection usually prevents the abuser from acting personally, or through third parties, with regard to harassing, stalking, or threatening the victim.

Help For Victims of Domestic Violence

divorce attorneyIf you, a friend, family member or loved one is a victim of domestic violence, the best way to deal with the situation is to immediately contact an experienced domestic violence lawyer. The lawyer can expeditiously move forward to obtain an Order of Protection and cause the domestic violence to stop.

Do It Yourself Divorce: Is It Really A Good Idea?

On today’s video blog we talk about how Do it Yourself Divorce’s are a BAD idea:

Elliot S. Schlissel is a divorce attorney with more than 35 years of experience. He represents clients in all areas of family law including child support, spousal maintenance, equitable distribution and custody and visitation issues. He can be reached for consultation at 516-561-6645, 718-350-2802, 1-800-344-6431 or by email to schlissel.law@att.net.

Have High Divorce Rates Changed Marriage Attitudes?

divorce family attorney on Long IslandToday, more and more Americans are either not marrying or marrying later in life. There are a variety of reasons which have had an impact on this trend. Among those reasons are adults having children outside of wedlock, high divorce rates, and women becoming more active in the workplace.

The Pew Research Center has done an analysis of men’s and women’s attitudes concerning marriage issues.

Marriage Rates in the United States

Census data from the 2012 census shows that 17% of women and 23% of men are unmarried. This is an increase from the year 2000 in which 17% of men and 12% of women were unmarried. Has the concept of marriage become less popular in America? The Pew Research Survey found both American men and women are still interested in getting married. The study showed 55% of the men and approximately 50% of the women indicated they were interested in getting married. Women who have already been married were less likely to be interested in marrying a second time than men. 29% of men were interested in marrying a second time while only 15% of women indicated they were interested in marrying again.

What Do Women Want From a Man?

When presented with the question, what women wanted most from a man in a marriage, more than 3/4 indicated the man having a steady job was “very important”. Both men and women, the study indicated, preferred marrying someone who had a similar level of education. This indicates the traditional ideas concerning the male being the breadwinner is still accepted in our society. So a steady job seems to be what a woman wants in a man! This goes hand in hand with recent studies which have shown that marriages where the man is unemployed have a high divorce rate.

assistance in family court and with custody litigationElliot S. Schlissel is a divorce attorney representing men and women experiencing legal problems regarding child custody, division of marital assets, and with other divorce related issues.

Criminal Court Order of Protection

On today’s video blog we discuss criminal court orders of protection in New York:

Elliot S. Schlissel is a family law attorney. He can be reached at 1-800-344-6431 or by email at schlissel.law@att.net

The Problems with Do It Yourself Divorces

https://youtu.be/Eyb4aeqVrI8

Elliot S. Schlissel, Esq. can be reached at 1-800-344-6431, or by email at: schlissel.law@att.net

Governor Cuomo Approves New Domestic Violence Prosecution Statute

criminal defense attorneysGovernor Cuomo recently signed into law a bill which redefines stalking and aggravated harassment as crimes in New York. The statute goes into effect 90 days from Wednesday, July 23, 2014.

Court of Appeals Sets Aside New York’s Aggravated Harassment Statute

In the case of People v. Golb, 2014 N.Y. Slip Op. 03426, the New York Court of Appeals declared the second degree aggravated harassment statute, was constitutionally vague and therefore no longer enforceable. As a result, the legislature had to draft a new law with regard to issues involving aggravated harassment.

The new statute creates a crime of stalking in the fourth degree. This crime involves the unauthorized tracking of a person or individual with a global positioning system (GPS) device or through other electronic means. This creates a definition of illegally following someone.

The new statute also contains a crime of second degree harassment, a misdemeanor. This falls under section 240-30 of the New York State Penal Law. Under this statute, an individual “knows or reasonably should know” that a communication will cause another person to “reasonably fear harm to such person’s physical safety or property or to the physical safety or property of a member of such person’s same family or household.” Then the crime of secondary harassment is committed.

Domestic Violence

The new statutes are intended to clarify the laws involving domestic violence in the State of New York.

divorce attorney in Metropolitan New YorkElliot S. Schlissel is a divorce lawyer practicing in the Metropolitan New York area for more than 35 years.

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

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