On October 12, 2010, New York became the 50th state to embrace no-fault divorce. The new ground for divorce in New York is that there has been an irreparable breakdown in the marriage for a period six months.Husbands and wives have been eagerly going to lawyers offices to take advantage of the new no-fault divorce law. Individuals who, in the … [Read more...]
Mother Cannot Modify Custody of Children
In a Westchester Family Court case, a mother sought to modify a judgement of divorce in which the father had received custody of the children. The judgement of divorce gave the father sole legal custody of his two young children. The mother petitioned the Family Court in Westchester County to enter a new order giving her physical custody of the … [Read more...]
No-Fault Divorce (Finally) Comes To New York
Governor David A. Patterson recently signed a new groundbreaking "no-fault" divorce statute into law. The statute goes into effect on October 15, 2010 and brings New York into conformity with the other 49 states concerning the issue of no-fault divorce. The statute provides for a new ground for divorce which does not assign blame or fault to … [Read more...]
“Parenting Plan” Not A Substitute For A Separation Agreement
The State of New York has a very narrowly defined requirements regarding what needs to be in a separation agreement and how it is executed. In late 2009 the Appellate Division for the Fourth Department (an upstate appeals court) held that a separated couple's agreement which dealt with terms of custody and visitation for their three children did … [Read more...]
Lesbian Obligated To Pay Child Support
Under current law, if a heterosexual male has a one night stand with a woman and she becomes pregnant, the man is legally obligated to pay child support. Furthermore, in situations where a male is paying child support to a woman even when he is not the father, he cannot discontinue payments under the doctrine of "equitable estoppel". This … [Read more...]
Mother Can Relocate As Long As She “Skypes”
James and Debra Baker were married in the year 2000. Their Marriage lasted until 2008, when they were divorced. They have two children, a six year old daughter and a nine year old son. The Bakers' home recently went into foreclosure. Mrs. Baker had lost her job as a bookkeeper. Mr. Baker, a construction worker, has a take home pay of only … [Read more...]
No Fault Divorce Comes To New York
New 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 … [Read more...]
