Monday, May 30, 2011

Laws of Memorial Day

1. Visiting Lake George Village is a must. While there, Around the World Mini Golf is required to be played along with a quick stop at the Pink Roof for Ice Cream.

2. Clean out the old closet to make room for summer atture. Put away the fleece and sweaters. (Although knowing the weather of the Great North East, they will be back on us in no time flat!)

3. No matter rain or shine, a camp fire is a must. Marshmellows are a definite and hot dogs are strongly suggested. (Nathans are best!)

4. Put the smartphones, ipads, and lap tops away and enjoy the outdoors. Don't worry, Angry Birds will be there when you get back.

5. Take the time to give thanks and appreciation to all the great men and women in our Armed Forces. Cheer them loud and proud!

Marty Carbone, Carbone & Carbone LLP, Attorneys at Law, www.carbonelawyer.com

Thursday, May 12, 2011

New York's No Fault Divorce

Recently NY passed new legislation within the domestic relation law that now allows couples to divorce by reason of "no fault." This is similar to divorce by way of irreconcilable differences, which is a divorce option in other states. What this means is that neither party is holding the other responsible for the pending dissolution if the marriage.

Prior to this recent legislation, the quickest way to divorce by way of mutual agreement without holding either party at fault was to file a separation agreement and then live separate and apart for at least one year. After such time, one of the parties would file for divorce and a judgment was typically granted, as the separation agreement would merge or convert into a final divorce decree.

With New York's no fault divorce, the parties relationship must be irreparably harmed and the couple must live separate and apart for at least six month prior to filing for divorce. On its face, this option sounds quick, easy and painless but like virtually everything in life, it's not always that simple.

To be granted a divorce under No Fault, the parties must have all of their ducks in a row pertaining to marital support, child support, and division of marital assets. If there is a dispute with regard to any of these issues, the parties will need to either come to terms prior to filing for divorce under no fault or must otherwise file for divorce under a different statue and litigate their outstanding issues in Supreme Court accordingly.

So before one runs right out and files for divorce under this new legislation, make sure all outstanding issues are taken care of. If not, claiming No Fault will be Your Fault.

For more information on this topic and similar legal matters, such as matrimonial matters and family court issues, please visit www.carbonelawyer.com.

Martin A. Carbone, Esq., Carbone & Carbone LLP, Attorneys at Law