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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The State You Live in Can Influence the State of Your Divorce

Aug 8, 2012 by

Divorce was first legalized in the United States almost 300 years ago. Since that time, divorce laws have gone through many interesting changes, as have the divorce rates. In 2008 the divorce rate in the United States was 3.5 (per 1000 people), the lowest since 1970, when no-fault divorce first became available. Today, the divorce rate in the United States continues to go down, though these rates vary widely when broken down by state. The fact that divorce laws are created and enforced on a...

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New York Grants Financial Assistance During Divorce

Aug 8, 2012 by

New York State’s recent passage of the no-fault divorce law may be the main story in the headlines today, but New York also enacted two other provisions within the new law that may prove to be just as important. Both of the additional provisions indicate the state’s clear intent to level the economic playing field for both spouses in all divorces. The first provision mandates spousal maintenance payments in court-ordered amounts during a divorce action. This measure was created to...

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If there are no grounds for divorce, what would be the best thing to do in my case?

Aug 8, 2012 by

Question:  If there are no grounds for divorce, what would be the best thing to do in my case? State:  New York Answer:  New York state does not allow no-fault divorces as you probably know. “Irreconcilable differences” is not an allowed grounds for divorce in New York and you must choose between the grounds that are available: cruel and inhuman treatment, abandonment, three years of imprisonment or adultery. If your...

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Splitting the House

Aug 8, 2012 by

Two years ago Simon and Chana Taub made news headlines when the separated couple literally “split” their New York home when they divided it with a physical wall running right through the middle of it. The wall was the result of millionaire Simon Taub’s effort to avoid having to give it to his estranged wife, Chana. Taub convinced a judge to let him split the couple’s Borough Park brownstone with a wall. The wall divides the first-floor living room from a staircase...

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No Fault Divorce – Whose Fault Is It anyway?

Aug 8, 2012 by

Divorce can be stressful for all of the parties involved, and it is not always the best way to handle marital strife. Unfortunately, circumstances may arise that forces one party to file for divorce because it may be the best decision for the whole family. Each state controls divorce laws and grounds for divorce, and while some divorce laws are similar in many states, others have completely different rules. Grounds for divorce and burden of proof vary slightly from state to state. Grounds for...

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How can he get a divorce without getting an expensive lawyer?

Aug 8, 2012 by

Question:  My fiance’s wife currently lives in New York. He lives in South Carolina. they were married in South Carolina but lived as husband and wife last in New York 3 years. How can he get a divorce without getting an expensive lawyer? I got my divorce by doing the papers myself and it was cheap – we were told that he would have to get a lawyer. Can you help please? State:  South Carolina Answer:  Your fiance’ can get...

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Same-Sex Divorce

Aug 8, 2012 by

After the New York State Senate recently voted to approve the same-sex marriage equality legislation introduced by Governor Andrew Cuomo, same-sex couples across the state celebrated their newfound right to marry. One additional benefit of the new legislation that many of those couples might have over looked is the fact that after the state recognizes same-sex marriage, it will also recognize same-sex divorce and the right to divorce for same-sex couples will be governed by the rules according...

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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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