N.Y. May Finally Get No-Fault Divorce

Aug 8, 2012 by

New York has been the lone hold-out among U.S. states allowing no-fault divorce. As the only state remaining without no-fault divorce on the books, New York has always required someone take the blame for a split even if both spouses have mutually agreed to the divorce.  One spouse or the other had to allege a fault such as cruel and inhuman treatment, adultery, abandonment, or the couple must have been legally separated for at least one year before they could file. Critics of the New York...

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How can I get divorced?

Aug 8, 2012 by

Question:  I was married in New York in 1993. I have not seen or contacted my wife for 14 years. I have no contact information for her now. How can I get divorced? State:  New York Answer:  You can file for a divorce in New York based on the grounds of abandonment, all that is required is one year apart and you’ve certainly got that covered. The court will need proof that your spouse was served with notice of the impending divorce,...

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Fault or No-Fault?

Aug 8, 2012 by

It can take a long time to get to New York from California, especially in the case of no-fault divorce laws. California became the first state in the country to adopt no-fault divorce law back in 1969. In the decades that followed, most other states in the nation adopted similar laws. That is, most states except for New York, the last state in the union to require at-fault divorce grounds.  It took over 40 years, but the situation finally changed when the New York Senate and Assembly put...

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Maine Rejects Gay Marriage – Measure Barely Squeaks By

Aug 8, 2012 by

 Voters in Maine rejected a measure passed just six months ago by the state legislature and signed by the Governor. Most gay-rights activists were hoping that moderate, independent-minded Maine voters would endorse same-sex marriage in a statewide ballot. Following legislation and court orders, gay marriages took effect in Iowa, Connecticut, Vermont, New Hampshire and Massachusetts. Same-sex marriage advocates had hope Maine would follow and extend marriage rights to same-sex couples....

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Divorce Rates Dropping

Aug 8, 2012 by

The latest round of divorce statistics show that young married couples may be bonding more in the current difficult economic climate. A study conducted by the National Marriage Project at the University in Virginia concluded that the recession may have the effect of strengthening marital commitments and delaying divorces at the same time. The shift is quite apparent when looking at places like New York where critics had predicted that the recently enacted no-fault divorce law in that state...

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Making Divorce More Difficult

Aug 8, 2012 by

Divorce reform advocates at the Coalition for Divorce Reform think making divorces harder to obtain would save the government billions of dollars. A story in the Washington Times reports that the Coalition for Divorce Reform makes the case for a legislative plan that will attempt to reduce divorce rates by a full third in just five years. The Coalition maintains that more Americans want to make divorce more legally difficult than the number of people who think divorce should be easier and that...

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I am not on any of my husband’s stuff.

Aug 8, 2012 by

Question:  hi i have been married since jan 12 2008 i am not on any of my husbands stuff for some reason if he divorces me for any reason i dont get anything thats what i am hearing can u tell me? (NY) State:  New York Answer:  Property division in a divorce is not quite as simple as that. Whether or not your name is listed as owner of various marital property does not establish ownership. The court will do that for you if the two of you...

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Divorce Law

Aug 8, 2012 by

Chances are, if you’re headed for a divorce, you already know that divorce laws govern the processes and rights concerning property, custody, support and alimony. What you may not know is that those laws governing the procedure and eventual resolution of your divorce are entirely dependant on the state where you live. The dissolution of a marriage is the common factor in all divorces, but most of the laws governing the details of the divorce process are state specific. No Fault...

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Leveling Alimony

Aug 8, 2012 by

Family law issues are getting an overhaul in New York State as lawmakers there have recently made some big changes in several important areas including the adoption of no-fault divorce and the legalization of same-sex marriage. While those two changes received most of the attention in the news, there was another big change made that did not get the same attention but could turn out to be just as important in the long run. New York State legislators adopted a formula that was created by the...

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I want to file for divorce so that I can remarry

Aug 8, 2012 by

Question:  I’ve been separated from my husband for about 7 years – not legally. I want to file for divorce so that I can remarry. Do I have to wait a year a before I start a divorce? I live in New York. State:  New York Answer:  Although New York does not necessarily require a waiting period before a spouse can start filing divorce paperwork, it does incorporate a timing aspect in its requirements for residency and legal...

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Divorce Differences

Aug 8, 2012 by

California became the first state to adopt no-fault divorce law back in 1970 and in the years that followed every other state in the nation has adopted similar divorce laws. New York was the last state in the union to require at-fault divorce grounds until 2010 when the New York Senate and Assembly put no-fault divorce laws on the books in that state too. No-fault divorce laws that permitted one spouse to terminate a marriage without a specific fault being assigned to either party were adopted...

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Is it possible that I can get divorced without her signing any paperwork?

Aug 8, 2012 by

Question:  I have been separated from my wife for 15 years. I’m still legally married to her. Is it possible that I can get divorced without her signing any paperwork? State:  New York Answer:  Probably not. You are required to make an attempt to serve notice of the divorce petition to your spouse. The marriage is a binding contract and both parties are entitled to knowledge of any changes to that contract. New York will require...

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34 Years of Divorce

Aug 8, 2012 by

When people wonder how long a divorce will take to complete, most would never imagine that in some cases a divorce could take over 30 years. However, that is exactly the case for a New York woman who is still seeking a settlement from her 1997 divorce in that state. After three decades of legal maneuvering, Frances Ragusa of Staten Island, New York, is still involved in a courtroom battle with her ex-husband Phillip Ragusa over nearly $100,000 in unpaid child support. Reports in the New York...

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POSSIBLE DIVORCE AND CHILD CUSTODY

Aug 8, 2012 by

Question:  MY WIFE AND I HAVE BEEN MARRIED FOR 17 YEARS AND SHE DECIDED SHE NO LONGER WANTS OUR MARRIED FOR MANY REASONS. WE WERE MARRIED IN FLORIDA AND HAVE BEEN LIVING IN NEW YORK CITY. WE HAVE A HOME, CAR AND TWO CHILDREN ONE FROM HER FIRST MARRIAGE AND THE OTHER IS OURS. SHE HAD CONTROL OF ALL THE INCOME OF THE HOME AND I JUST FOUND OUT SHE WAS NOT PAYING THE MONTHLY PAYMENTS OF THE HOME. WHAT CAN I DO? IF IT COMES DOWN TO A DIVORCE I DON’T WANT TO LOSE CUSTODY OF MY 12 YEAR...

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Differing State Divorce Statistics

Aug 8, 2012 by

The American Community Survey has recently released the state by state divorce statistics based on census figures for 2008, and the numbers reveal that the divorce statistics in United States vary greatly from one region to another. While some of the differences in state divorce statistics are affected by other variables such as population density, the results of this study are at odds with many of the assumptions that are made on the family values and traditions of different parts of the...

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Need a free uncontested divorce

Aug 8, 2012 by

Question:  Do you know of anyway in New York where I can acquire a free uncontested divorce? I need it bad my wife and I have been separated since 2004 when she abandoned the children and I. To this day I dont know where she is, after I took custody of our child she vanished. State:  New York Answer:  If you have not seen or heard from your wife since 2004, you have a classic case of abandonment. In most states abandonment for a year or...

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Dancing After Divorce

Aug 8, 2012 by

As if anyone really needed another reminder that posting compromising photos and comments on the Internet can lead to big trouble in a marriage or a divorce, reports in the news now detail the account of New York’s 43-year-old Dorothy McGurk who had claimed she was disabled but has now been partially stripped of her divorce settlement award after her ex-husband spotted online pictures of her performing belly dancing. Staten Island divorcee Dorothy McGurk, who said she was unable to work...

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What if I am being accused of constructive abandonment?

Aug 8, 2012 by

Question:  What is constructive abandonment? State:  New York Answer:  New York State does not allow no-fault divorces or irreconcilability as grounds for divorce and requires that a person must prove marital fault in order to obtain a divorce. Constructive abandonment is the ground that is most often used in proving fault in New York divorces. The state’s laws require the complaining spouse to prove that the abandoning spouse...

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No-Fault Divorce Nation

Aug 8, 2012 by

New York Governor David Paterson signed a bill into law this week officially making New York the last state in the nation to allow no-fault divorce. The new law will finally allow couples to get a divorce based on irreconcilable differences alone, and reduces the length of the process from one year to six months. Paterson remarked “Finally, New York has brought its divorce laws into the 21st century,” in reference to the fact that California first adopted no-fault divorce in 1970...

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Can I divorce him for bigamy in New York?

Aug 8, 2012 by

Question:  I just found out that my husband of 19 years has married another woman in Mexico and goes there every three months he has a second life. Can I divorce him for bigamy? (I’m in NY) State:  New York Answer:  Absolutely. There is not a state in the country that allows bigamy. Bigamy is a criminal offense and carries specific penalties. You will need to prove that the bigamy exists to the court of jurisdiction in your area and...

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