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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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