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Prenuptial Agreement Set Aside By Court

prenup-150x125A wife recently brought a proceeding before Judge Anthony J. Falanga in the Supreme Court located in Nassau County. She claimed in this proceeding the 1998 prenuptial agreement she executed should be set aside. She alleged her husband fraudulently induced her into signing the agreement. She was convinced to sign the prenuptial agreement because of her spouse’s promise to destroy it upon the birth of the couple’s first child. He promised as soon as the first child was born all of the assets of the marriage will be placed in both her and his name.

Husband Duped Wife Into Executing the Prenuptial Agreement

Judge Falanga carefully reviewed the evidence submitted to him on this case. He rendered a decision declaring the prenuptial agreement null and void. He found the husband had made promises to the wife at the time of the execution of the agreement. These promises were lies and misrepresentations. The husband had no intention of carrying out these promises. He only made these promises for the purpose of convincing the wife to sign the prenuptial agreement so the wedding would take place.

The court noted the husband only provided the wife with a copy of the agreement a short time prior to the wedding date. Judge Falanga stated “this was calculated and speaks volumes as to the importance he attributed to being protected financially from a possible failed marriage.” The court in it’s decision stated “the wife had justifiably placed her trust in her future husband’s representations to her detriment and was damaged by being denied a share of significant marital property.”

Conclusion

If you’re entering into a prenuptial agreement, it should be prepared long in advance of the wedding and trickery should not be used to induce a party to execute the agreement.

New York Divorce Lawyers

The attorneys at the Law Offices of Schlissel DeCorpo have extensive experience in drafting prenuptial agreements as well as postnuptial agreements. They also have been litigating high net worth divorces for decades. Should you find yourself in a divorce situation they can assist you with issues involving divorce grounds, child custody, division of property and mediation of the divorce. In appropriate situations, they negotiate separation agreements on behalf of their clients. Call for a free consultation with regard to any family court or divorce matter. The phone numbers are 1-800-344-6431 or 516-561-6645 or 718-350-2802.

Nassau County Judge Blocks Marriage

Jennifer Burger wanted to marry Mr. Diack. Michael Diack is a convicted level one sex offender. Jennifer brought a proceeding before Judge Maron, who sits in the Supreme Court located in Nassau County, New York. She asked the court to set aside a January 2009 stipulation contained in her divorce judgment from her previous husband Robert Burger. She sought to set aside this stipulation so she could marry Michael Diack. The stipulation, which she had executed, required three adults be present any time Mr. Diack was around the Burger’s children, currently 8 and 13 years of age.

Judge Refuses to Set Aside Stipulation

When Judge Maron refused to set aside this stipulation, he effectively blocked her from ever marrying Mr. Diack. She couldn’t marry Mr. Diack because she could not live with him in the same residence as her children pursuant to the stipulation.

The Judge’s decision stated there was no change in circumstances that would justify his setting aside this agreement. Jennifer’s attorney, stated “this woman should not have to choose between the man she loves and wishes to marry and being the custodial parent for her children, when her fiance poses no risk of harm to the children.”

Jennifer’s fiance has pled guilty in 2001 to possession of child pornography in the third degree and for grand larceny for writing bad checks. He was given a sentence of two to four years in prison and labeled a level one sex offender.

Father Seeks to Protect His Children

The children’s father, Mr. Burger opposed the vacating the stipulation, claiming Mr. Diack would be a danger to his children. Mr. Burger’s attorney claimed his client’s opposition to setting aside the stipulation was driven by a “a legitimate concern” for his children.

Father’s Rights Lawyer

Fathers have rights that need to be protected. In situations involving divorces orders of protection, child custody, child visitation, child abuse and child neglect proceedings, fathers need aggressive, experienced advocates. Fathers dealing with issues concerning paternity, annulments, equitable distribution of assets in a divorce, relocation problems and parental alienation problems should seek out the very best lawyers available to represent them. The Law Offices of Schlissel DeCorpo is a recognized father’s rights law firm. We have litigated numerous matters on behalf of fathers throughout the Metropolitan New York area for more than 30 years. We are well known and respected in the courts and by our adversaries. Call us should you have an issue you wish to discuss.

New No Fault Divorce Law Eliminates the Need for a Trial

divorcepic1-114x150Supreme Court Justice, Robert J. Muller, has decided that under the new New York No Fault Divorce Law an objecting party is not entitled to a trial on the issue of fault the marriage is beyond repair. Justice Muller’s decision is an interpretation of New York’s year old No Fault Divorce Law. The Judge’s decision interprets the legislature’s intent that the new No Fault Divorce Law does not give an option to a spouse to demand a trial on the issue that the marriage is irreconciably broken.

The Judge in his decision stated “New York Legislature has enacted in DRL Section 170(7), a true No Fault Divorce Law which does not require proof of any fault, and which does not require or permit the government, through it’s courts, to put people seeking a divorce on trial regarding their marriage.” Justice Muller pointed out in his decision that his ruling is in agreement with a decision of Nassau County Supreme Court Justice Anthony J. Falanga in the case of AC vs. DR, where Judge Falanga ruled that a woman could not challenge her husband’s declaration the marriage was irretrivably broken. In that case the woman was also not allowed to have a trial on the fault ground.

Divorce Made Simple

The New Divorce Law eliminates litigation concerning fault issues of who did what to whom. However, issues involving child support, spousal maintenance, custody, orders of protection, visitation rights (parenting time) and attorneys fees in divorces are still subject to litigation.

Father’s Rights and Mother’s Rights

Mothers and fathers have equal rights regarding custody, visitation, child support, spousal maintenance and other issues in divorces. The Law Offices of Schlissel DeCorpo have been litigating these issues for more than three decades. In addition, the law firm negotiates separation agreements, pre nuptial agreements and post nuptial agreements. In cases of one parent turning the children against another, the law firm litigates parental alienation and parental alienation syndrome related issues. Call for a free consultation. The offices phone numbers are 1-800-344-6431, 516-561-6645 or 718-350-2802. The law firm phones are monitored 24/7.

No Fault Divorce Denied to Father

Scott Schiffer was divorcing his wife, Lynn. He made an application under the new New York Domestic Relations Law section 170-70 for a Summary Judgment based on a irretrevable break down of his marriage to his wife Lynn for a period of six months.

Lynn opposed the Summary Judgment application. Summary Judgment asks a court to render a decision on the issues presented to it without the need for a trial. Lynn claimed that a judgment could not be granted because under the new law both economic and custodial issues concerning custody of the children had to be resolved for the court to finalize a judgment on the case. Her attorney argued to the court since neither of the issues have been resolved the court could not grant a Summary Judgment application on behalf of her spouse in this divorce proceeding. Justice Charles D. Woods, sitting in the Supreme Court of Dutchess County agreed with Lynn’s lawyer’s argument. The court’s decision held the new No Fault Divorce Statute clearly states a judgment cannot be granted unless the economic and issues in concerning child custody and visitation are resolved.

Long Island Divorce Lawyers

The divorce lawyers at the Law Offices of Schlissel DeCorpo have been assisting New Yorkers and Long Islanders in obtaining divorces for more than 30 years. Our office has developed an expertise regarding issues concerning divorce, orders of protection, child custody, child abuse and child neglect, annulments, and issues involving high networth divorces. Our law office also negotiates pre nuptial and post nuptial agreements. We litigate issues concerning mother’s rights and father’s rights. Should you have Matrimonial or Family Court issues, call us. Our phones are monitored 24/7.

Order of Protection Fails, Woman Shot

restrainingorder-150x150Carmen Valdez obtained an order of protection from her boyfriend, Felix Perez. She was assured by police officers that Felix would be arrested if he threatened her in violation of the order of protection, issued by the Bronx Criminal Court. Thereafter, Mr. Perez shot Carmen Valdez. Bullets pierced her face and her arm. Felix Perez killed himself with the same gun. Carmen Valdez sued the City of New York for failure to arrest Felix Perez and protect her pursuant the order of protection.

City of New York Not Liable to Carmen Valdez

The New York State Court of Appeals (New York’s highest court) in a 5-2 decision in the matter of Valez v. The City of New York, found that New York City would not be liable for damages to Carmen Valdez for her gunshot wounds. Even though she was assured by a police officer that her ex-boyfriend would be arrested when he threatened her, the City of New York still could not be held liable. The Court found that Ms. Valdez did not establish or create a “special relationship” between her and New York City based on the promise of a police officer to arrest her boyfriend when he threatened her on the phone. The court stated in its decision Carmen did not have “a justifiable reliance” on the City’s affirmative undertaking of the promise of the police officer to keep her safe. Even though Ms. Valdez, in compliance with her order of protection, reported to a police officer that her boyfriend threatened to kill her “the officer’s statement did not create a special relationship that would create liability upon the City of New York.” So much for the protection offered by an order of protection issued by a Criminal Court!

New York Divorce and Family Court Attorneys

The Law Offices of Schlissel DeCorpo have been protecting women involved in domestic violence situation, by obtaining orders of protection for them in both the Criminal Courts and Family Courts for more than 30 years. We also represent men and women in issues concerning child abuse, child neglect, divorce related issues, child custody issues, mother’s rights and father’s rights issues as well as drafting pre nuptial and post nuptial agreements. Feel free to call for a free consultation.

Order of Protection Fails to Protect Woman

order-150x150

Santia Williams was murdered. The person responsible killed himself. The order of protection she had against her killer, her ex – boyfriend and her child’s father, did not work!

Santia Williams lived in Bayshore, Long Island. She had a child with Jason Jenkins. She was involved in litigation with him as to when he could visit their child. On July 12, 2011, he brought a shotgun into their apartment. He shot Santia Williams. She died of the wound. After killing his child’s mother, he turned the shot gun on himself. He died instantly.

Order of Protection From Suffolk County Family Court

When Santia’s relationship with Jason started to fade, arguments ensued. She was not giving him the visitation with his child that he demanded. Santia went to court and obtained an order of protection from the Suffolk County Family Court. Jenkins violated the order of protection when he rushed into Santia’s home and shot her. Sometimes orders of protection are just pieces of paper. They won’t stand up to bullets!

New York Divorce Lawyer

The Law Offices of Schlissel DeCorpo have been handling divorces in the Metropolitan New York area for over thirty three years. We litigate all aspects of divorce related proceedings in the Supreme Court and Family Court. These proceedings involve divorce groundsno fault divorcechild custodymothers’ rightsfathers’ rightschild supportdownward modification of child supportspousal maintenance (alimony) and domestic violence issues. In addition, we negotiate separation agreementsprenuptial agreementsand post-nuptial agreements for our clients. We litigate equitable distribution issues involving doctor, dentist and lawyer licenses. Call us for a free consultation.

Violence In Judge’s Chambers During Florida Divorce

Kathleen Scott-Gonzalez appeared in court for a hearing on her divorce in Plantation, Florida. She expected this to be the final day of the trial on her divorce case. What she didn’t anticipate was that she would be beaten up by her husband in the judge’s chambers and end up with a broken nose and fractured jaw!

Kathleen and her husband Paul Gonzalez were in Judge Rothschild’s chambers. A hearing was underway concerning the issue of child support. Paul Gonzalez was acting as his own attorney. Both Paul Gonzalez and his wife Kathleen are ex marines.

Child Support

Judge Rothschild was talking about child support. At that time Paul Gonzalez stood up and left the room. Judge Rothschild invited both litigants into his chambers to discuss the matter. When Paul Gonzalez entered Judge Rothschild’s chambers, he started punching his wife. He was behind her and started punching her in the back of her head. Unfortunately, there was no court officer in the room to prevent the assault. Both Judge Rothschild and Kathleen Gonzalez’s lawyer helped stop the beating. Eventually court officers came in to the room and subdued Mr. Gonzalez.

Paul Gonzalez has been charged with felony battery and resisting arrest. He is currently spending his time in the Brownwood County jail. His bail has been set at one million dollars.

Kathleen Gonzalez advises men and women if they are afraid their spouse, even in a court setting, they should ask the court for additional security. Kathleen Gonzalez thought she was safe in court. In the case of her divorce, she wasn’t!

Father’s Rights Lawyer

Fathers should never represent themselves in a divorce. They should have knowledgeable father’s rights lawyers by their side at all times during matrimonial or family court proceedings.

The attorneys at the father’s rights Law Offices of Schlissel DeCorpo have extensive experience in dealing with issues involving paternity, child custody, orders of protection, child visitation and child support. We represent fathers wrongly accused of child abuse and child neglect by CPS and ACS. We deal with the attorneys for the child also in these proceedings. When fathers are downsized or lose their jobs, we bring applications to reduce their child support.

Our law office has extensive experience in dealing with parental relocation problems (when one parent moves), grandparent’s rights and equitable distribution of assets in a divorce. Our attorneys represent men in the Supreme Courts and Family Courts of Nassau County, Queens County, Kings County and throughout the rest of the Metropolitan New York area. Call for a free consultation.

Kathleen Scott-Gonzalez appeared in court for a hearing on her divorce in Plantation, Florida. She expected this to be the final day of the trial on her divorce case. What she didn’t anticipate was that she would be beaten up by her husband in the judge’s chambers and end up with a broken nose and fractured jaw!

Kathleen and her husband Paul Gonzalez were in Judge Rothschild’s chambers. A hearing was underway concerning the issue of child support. Paul Gonzalez was acting as his own attorney. Both Paul Gonzalez and his wife Kathleen are ex marines.

Child Support

Judge Rothschild was talking about child support. At that time Paul Gonzalez stood up and left the room. Judge Rothschild invited both litigants into his chambers to discuss the matter. When Paul Gonzalez entered Judge Rothschild’s chambers, he started punching his wife. He was behind her and started punching her in the back of her head. Unfortunately, there was no court officer in the room to prevent the assault. Both Judge Rothschild and Kathleen Gonzalez’s lawyer helped stop the beating. Eventually court officers came in to the room and subdued Mr. Gonzalez.

Paul Gonzalez has been charged with felony battery and resisting arrest. He is currently spending his time in the Brownwood County jail. His bail has been set at one million dollars.

Kathleen Gonzalez advises men and women if they are afraid their spouse, even in a court setting, they should ask the court for additional security. Kathleen Gonzalez thought she was safe in court. In the case of her divorce, she wasn’t!

Father’s Rights Lawyer

Fathers should never represent themselves in a divorce. They should have knowledgeable father’s rights lawyers by their side at all times during matrimonial or family court proceedings.

The attorneys at the father’s rights Law Offices of Schlissel DeCorpo have extensive experience in dealing with issues involving paternity, child custody, orders of protection, child visitation and child support. We represent fathers wrongly accused of child abuse and child neglect by CPS and ACS. We deal with the attorneys for the child also in these proceedings. When fathers are downsized or lose their jobs, we bring applications to reduce their child support.

Our law office has extensive experience in dealing with parental relocation problems (when one parent moves), grandparent’s rights and equitable distribution of assets in a divorce. Our attorneys represent men in the Supreme Courts and Family Courts of Nassau County, Queens County, Kings County and throughout the rest of the Metropolitan New York area. Call for a free consultation.

Former President Bush’s Daughter Endorses Gay Marriage

bush-150x100Barbara Bush, age 29, one of George Bush’s twin daughters, has taped a video endorsing gay marriage. The video calls for the State of New York to legalize gay marriage. In her video, she says this a matter of conscience and equality.

Her father, former President George Bush, does not agree with her on this topic. Barbara Bush is not the first child of a prominent Republican to support same sex marriage.

Meghan McCain Endorses Same Sex Marriage

Meghan McCain, the daughter of John McCain, who received the Republic nomination for the presidency in 2008, has been a outspoken supporter of same sex marriages. Her father, John McCain, like George Bush, opposes same sex marriage.

Mary Cheney Supports Same Sex Marriages

Mary Cheney is the daughter of Dick Cheney. Dick Cheney was the Vice President serving under George Bush. Mary Cheney is a lesbian. She is an outspoken supporter of gay rights and gay marriage. As with George Bush and John McCain, Mary’s father, Dick Cheney opposes same sex marriage.

New York Bars Law Concerning Same Sex Marriages

Members of the same sex can now marry in the State of New York. Governor Andrew Cuomo helped get this bill through the New York State Legislature. Hooray for Andrew Cuomo!

New York and Long Island Divorce Lawyer

The Law Offices of Schlissel DeCorpo have been handling divorces in the Metropolitan New York area for over 33 years. We litigate all aspects of divorce related proceedings in the Supreme Court and Family Court. These proceedings involve divorce groundsno fault divorcechild custodymothers’ rights,fathers’ rightschild supportdownward modification of child supportspousal maintenance (alimony)and domestic violence issues. In addition, we negotiate separation agreementsprenuptial agreementsand post-nuptial agreements for our clients. We litigate equitable distribution issues involving doctor, dentist and lawyer licenses. Call us for a free consultation.

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

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