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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.

Is Marriage Obsolete?

More than 40% of the people in this country think marriage is obsolete! This is according to research study. People between the ages of 18 and 30 believe maintaining excellent parenting skills is far more important than being married. So, are marriages becoming obsolete? There are many issues that face couples who marry. One of them deals with unmet expectations.

Should Marriage Make You Happy?

Can your marital partner satisfy all your needs, emotional, psychological and sexual? It is difficult to meet expectations in marriages. Many men and women find after they are married they the end up with a low conflict and a low passion relationship. First there’s love intertwined with passion. Then there’s boredom, annoyances and the uncovering of flaws in your spouse. No passion sometimes leads to the parties in marriages having affairs.

Boredom

“Been there, done that” is a popular expression. When you spend a life with another individual, “been there, done that”, can be the order of the day. Kristen and Mark of the Kinsey Institute for Sex, Gender and Reproduction found that a quarter of all people who were interviewed were bored with their monogamous relationship. Another a quarter stated “they were on the brink of boredom”. Women tend to feel lonely when the love in their marriage fades. Men tend to feel “trapped”. Are marriages becoming obsolete because expectations are too high or is divorce simply becoming much easier to obtain?

No Fault Divorce In New York

In 2011, New York became the 50th and final state to adopt a true no fault divorce law. Prior to 2011, the grounds for divorce in New York were adultery, cruel and inhuman treatment, abandonment for a period in excess of one year and living separate and apart pursuant to written agreement of separation. New York now recognizes the grounds for divorce where the parties have irreconcilable differences for a period of six months. This is a true no fault divorce statute.

Although divorce grounds are no longer relevant, should your marriage fail, you will face issues involving child custody, visitation, division of property and child support. To avoid these issues should your marriage fail down the road, it would be in your interest to enter into a prenuptial agreement prior to marriage or a post nuptial agreement after your marriage.

Should you have questions regarding legal issues concerning marriage and divorce, feel free to call the Law Offices of Schlissel DeCorpo at 516-561-6645, 718-350-2802 or 1-800- 344-6431.

Fathers’ Rights Issues, Child Support and Visitation

If you are obligated to make child support payments and your spouse refuses to give you visitation, can you stop making these child support payments? The answer to this question is no. A spouse who has child support financial obligations must make these payments whether or not he or she has access to the child for visitation. It takes a court order to reduce or eliminate child support payments. A court will not reduce or eliminate your child support if your visitation is interfered with.

Child Support and Disability

Can you reduce child support payments if you become disabled through no fault of your own and are unable to work? The answer to this question is yes. However, there is an issue as to at what point your child support payments are reduced. Imagine this scenario, you are in a car accident and hospitalized for a period of a month. Thereafter, you’re in the rehabilitation facility for another two months. When you get your strength up, you bring a proceeding three months after the accident to reduce your child support. In a logical, fair-minded world, the court would grant your child support reduction as of the date you were injured three months ago. This may not be the case if you bring a child support modification proceeding in the state of New York. There are cases that hold that child support arrears may not be reduced retroactively, even when the defaulting party can show good cause for his or her failure to make an application for the relief from a judgment or an order of child support prior to the accrual of the arrears.

Downward Modifications of Child Support

Let’s take another scenario. You’re making $75,000 a year at your job. You lose your job. You diligently look for another job and you find a job for $50,000 a year. On January 1, 2011, you bring a proceeding in the family court in New York State for downward modification of child support payments. In June of 2010, you are successful and your child support payments are reduced. In this case, the child support is reduced retroactive to the January 1, 2011 date when you brought your proceeding.

Query – If there’s been an overpayment to child support services, will they refund your money? In a fair and perfect world, of course they would refund your overpayment. Unfortunately, we live in New York State. That doesn’t happen in New York. Over payments of child support are not refunded!

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Protecting Fathers’ Rights

We protect fathers’ rights. We litigate issues in divorces. We deal with both the criminal and the family court problems involved with orders of protection. We help our clients obtain child custody. When child custody is not requested, we obtain visitation for our clients. We litigate child abuse and child neglect issues. We provide a defense in child abuse cases. When there are questions of paternity, we litigate paternity issues. We educate our clients concerning no-fault divorces and attorney fees in divorces. We represent fathers in high net worth and high income divorce situations. We deal with relocation problems, parental alienation, parental alienation syndrome and we negotiate separation agreements when applicable. Call us. Fathers deserve equal treatment!

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