When getting a divorce, one of the first items of business that comes up is "who gets what" in terms of martial assets. As with most issues in the wonderful world of law, it all depends.
Typically speaking, when a couple goes through a divorce, the assets, known as marital property, get divided as evenly as possible. The issue then becomes what assets are considered "marital."
A marital asset is any piece of property, including, real, personal or monetary that was acquired and cultivated throughout the course of the marriage. Examples include the marital home, vehicles, bank accounts, and other personal property such as furniture, electronics, etc.
When entering a divorce, the parties may elect to divide up the marital assets any way they so choose. If one spouse elects to let the other have everything, including the kitchen sink, they may do so. If, however, one spouse wants the other to get nothing based on allegations that one spouse earned most, if not all the money in the relationship or if they simply feel that the other spouse does not deserve a fair share of the marital assets, this is where equitable distribution comes into play. Simply because one spouse was the primary bread winner and also put forth the lion's share of effort in terms of making said assets prosper does not cut the other spouse out of his or her fair share of the martial property.
If a coupe cannot come to terms on how to adequately sort out the distribution of martial assets, the logical step would be meditation. If mediation does not lead to an agreeable solution, the parties then can file for divorce in New York Supreme Court. Here, the parties will contest their issues in front of a judge who will ultimately decide on who gets what through the trial process.
For additional articles and information on matrimonial matters, please visit www.carbonelawyer.com
Martin A. Carbone, Esq., Attorney at Law, Carbone & Carbone LLP
Wednesday, June 29, 2011
Wednesday, June 8, 2011
Taking a Byte out of Apple
With all the heavy tech talk as of late concerning the third version of the already iconic iPad along with a 5th generation iPhone, it again looks like Apple has their work cut out for themselves, both creatively and legally.
As it stands now, electronic giant Samsung is in the midst of suing Apple over alleged patent infringement. Apple in turn threatens to counter sue over basically the same allegations.
As already discussed in one of my previous blogs, one cannot trademark an idea. They can only lay claim to their version, or unique interpretation of said idea. With the recent technological boom of smartphones and tablets, it would appear that all of said products share some similarities. In fact, many of Apple's products share components with other rival companies such as Sony and Samsung themselves.
When companies such as Apple and Samsung start engaging in legal battles over who stole from who first, it creates somewhat of a chilling effect among competitors. It also presents a "Who came first, the chicken or the egg" type scenario. Often times it is too hard to tell who originated what and more often than not, the true "originator" of an idea, such as the iPod, iPaD, Blackberry, Laptop PC, Atari 2600, etc. is a third party who is sadly left out in the cold.
With all the rapid innovation out there right now, the focus should be not on who thought of what first, but instead on how to perfect things and make them more universally proficient for world wide integration.
On a related note, I am still getting over the shock that the iPad I received for Christmas this past year is considered old and "obsolete." What will "they" think of next!
Martin A. Carbone, Esq., Attorney at Law, Carbone & Carbone LLP
www.carbonelawyer.com
As it stands now, electronic giant Samsung is in the midst of suing Apple over alleged patent infringement. Apple in turn threatens to counter sue over basically the same allegations.
As already discussed in one of my previous blogs, one cannot trademark an idea. They can only lay claim to their version, or unique interpretation of said idea. With the recent technological boom of smartphones and tablets, it would appear that all of said products share some similarities. In fact, many of Apple's products share components with other rival companies such as Sony and Samsung themselves.
When companies such as Apple and Samsung start engaging in legal battles over who stole from who first, it creates somewhat of a chilling effect among competitors. It also presents a "Who came first, the chicken or the egg" type scenario. Often times it is too hard to tell who originated what and more often than not, the true "originator" of an idea, such as the iPod, iPaD, Blackberry, Laptop PC, Atari 2600, etc. is a third party who is sadly left out in the cold.
With all the rapid innovation out there right now, the focus should be not on who thought of what first, but instead on how to perfect things and make them more universally proficient for world wide integration.
On a related note, I am still getting over the shock that the iPad I received for Christmas this past year is considered old and "obsolete." What will "they" think of next!
Martin A. Carbone, Esq., Attorney at Law, Carbone & Carbone LLP
www.carbonelawyer.com
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
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
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
Friday, April 15, 2011
Providing Legal Protection for your Business
Entering into any business venture always has some sort of risk. There are no guarantees that the business will become successful. More often than not, start up companies fall flat before they even get out of the starting gate.
To protect ones personal and professional assets when entering Into such a venture, one of the easiest and smartest things to do is to form some form of corporate shield, namely an LLC.
An LLC is a Limited Liability Company that affords legal protection to a business as allows said business to be viewed as an entity and not as a living breathing person. With said legal entity status comes legal protection and allows the business to stand out on it's own without holding the members of the entity personally liable for any financial issues and concerns. In other words, if the company goes "belly up," under an LLC the members will not have to sell their homes and put their prized baseball collection on eBay.
To form a Limited Liability Company, one needs to first file Articles of Organization with the Department of State. Once approved, the LLC needs to be published in 2 local newspapers for a set period of time. After the required publication period ends, a Certificate of Publication is filed with the Department of State and that is that. The procedure is relatively painless and well worth it.
For more information on this topic and similar legal matters, such as forming a PLLC, LLP, or PC, please visit www.carbonelawyer.com.
Martin A. Carbone, Esq., Carbone & Carbone LLP, Attorneys at Law
To protect ones personal and professional assets when entering Into such a venture, one of the easiest and smartest things to do is to form some form of corporate shield, namely an LLC.
An LLC is a Limited Liability Company that affords legal protection to a business as allows said business to be viewed as an entity and not as a living breathing person. With said legal entity status comes legal protection and allows the business to stand out on it's own without holding the members of the entity personally liable for any financial issues and concerns. In other words, if the company goes "belly up," under an LLC the members will not have to sell their homes and put their prized baseball collection on eBay.
To form a Limited Liability Company, one needs to first file Articles of Organization with the Department of State. Once approved, the LLC needs to be published in 2 local newspapers for a set period of time. After the required publication period ends, a Certificate of Publication is filed with the Department of State and that is that. The procedure is relatively painless and well worth it.
For more information on this topic and similar legal matters, such as forming a PLLC, LLP, or PC, please visit www.carbonelawyer.com.
Martin A. Carbone, Esq., Carbone & Carbone LLP, Attorneys at Law
Sunday, April 10, 2011
Social Media is No Legal Lame Duck
I have touched upon this topic in the past but after some recent experience I feel it is worth going over again. In this new decade of overwhelming social media, with forums such as Facebook, MySpace and Twitter, people now open themselves up to more liability in what they say. No more does testimony in court boil down to "he said, she said."
Now with Facebook, practically taking the world by storm overnight, said communication is permanently embedded and one must live with the consequences once they make their proclamations. Judges and attorneys now refer to social media communications without much scrutiny to its authenticity and validity. Most jurisdictions are taking the communication at face value and things progress from there. No more is Facebook and similar technology considered to be "kids stuff." Mark Zuckerberg, the creator of Facebook said he wanted to change the world and he did. What is impressive to me is that he went so far as to infiltrate and change the legal system to an extent which has always been historically conservative with regard to change.
In recent news, comedian Gilbert Gottfried made some remarks on his Twitter page that made light of the latest tsunami in Japan. Gilbert was subsequently fired from his job as spokesperson for insurance giant Aflac. For those who are unaware, Gottfried provided the voice of the duck which appeared on virtually all of Aflac's commercials. It is up for debate as to whether Gilbert should of been fired for his Twitter comments alone, but what is not up for debate is the fact that communication on Social Media outlets do not go unnoticed.
So if you are a frequent user of Facebook, MySpace, Twitter, and the like, make sure what you say is something you are comfortable with the world knowing. If not, comments made in haste can come back to legally haunt you. Just ask Gilbert "Got-fired."
For more on technology within litigation and other similar legal topics, feel free to visit www.carbonelawyer.com.
Carbone & Carbone LLP, Martin A. Carbone, Esq., Attorney at Law
Now with Facebook, practically taking the world by storm overnight, said communication is permanently embedded and one must live with the consequences once they make their proclamations. Judges and attorneys now refer to social media communications without much scrutiny to its authenticity and validity. Most jurisdictions are taking the communication at face value and things progress from there. No more is Facebook and similar technology considered to be "kids stuff." Mark Zuckerberg, the creator of Facebook said he wanted to change the world and he did. What is impressive to me is that he went so far as to infiltrate and change the legal system to an extent which has always been historically conservative with regard to change.
In recent news, comedian Gilbert Gottfried made some remarks on his Twitter page that made light of the latest tsunami in Japan. Gilbert was subsequently fired from his job as spokesperson for insurance giant Aflac. For those who are unaware, Gottfried provided the voice of the duck which appeared on virtually all of Aflac's commercials. It is up for debate as to whether Gilbert should of been fired for his Twitter comments alone, but what is not up for debate is the fact that communication on Social Media outlets do not go unnoticed.
So if you are a frequent user of Facebook, MySpace, Twitter, and the like, make sure what you say is something you are comfortable with the world knowing. If not, comments made in haste can come back to legally haunt you. Just ask Gilbert "Got-fired."
For more on technology within litigation and other similar legal topics, feel free to visit www.carbonelawyer.com.
Carbone & Carbone LLP, Martin A. Carbone, Esq., Attorney at Law
Wednesday, April 6, 2011
Trials and Tribulations
In the legal world, the trial portion of procedure is looked upon as the final frontier. It is the culmination of pleadings, negotiations, conferences, etc. If a case goes to trial, it basically means that the parties could not reach a settlement and therefore they are putting all of their faith and trust in the presiding judge.
Going to trial, whether it be a civil or criminal matter always carries some risks. Unlike a settlement, the parties face an unknown outcome and are essentially rolling the dice, so to speak. A trial is often look at as an all or nothing type of thing. A person can walk out of the court room as happy as a clam or they can be dragged out kicking and screaming.
For this very reason it is extremely important for litigants to enter into negotiations with an open mind and decent attitude. When it comes to reaching a settlement, the parties have, at the very least, some sort of control over their own destiny. This in part will help guarantee them with an outcome they can live with. One or more parties may not get exactly what they were looking for but with a reasonable settlement, they at least have the opportunity to come to some sort of acceptable compromise.
More often than not, however, emotions get the better of us and we as a whole are not quick to compromise when it comes to issues we believe in and feel strongly about. When this occurs, settlement negotiations typically are thrown out the window and it's off to trial, full steam ahead. This is all well and good, but again, going to trial can be risky business and should only be conducted on legal merit and not on haste and raw emotion.
So the next time you or someone you care about is faced with a legal dilemma, make sure heads remain as cool as possible. In doing so, you will have a greater chance to prevail and prosper.
For more on trial procedure and other similar legal topics, feel free to visit www.carbonelawyer.com
Carbone & Carbone LLP, Martin A. Carbone, Esq., Attorney at Law
www.facebook.com/carbonelawgroup
www.twitter.com/carbonelaw1
www.lakegeorgelawyer.com
Going to trial, whether it be a civil or criminal matter always carries some risks. Unlike a settlement, the parties face an unknown outcome and are essentially rolling the dice, so to speak. A trial is often look at as an all or nothing type of thing. A person can walk out of the court room as happy as a clam or they can be dragged out kicking and screaming.
For this very reason it is extremely important for litigants to enter into negotiations with an open mind and decent attitude. When it comes to reaching a settlement, the parties have, at the very least, some sort of control over their own destiny. This in part will help guarantee them with an outcome they can live with. One or more parties may not get exactly what they were looking for but with a reasonable settlement, they at least have the opportunity to come to some sort of acceptable compromise.
More often than not, however, emotions get the better of us and we as a whole are not quick to compromise when it comes to issues we believe in and feel strongly about. When this occurs, settlement negotiations typically are thrown out the window and it's off to trial, full steam ahead. This is all well and good, but again, going to trial can be risky business and should only be conducted on legal merit and not on haste and raw emotion.
So the next time you or someone you care about is faced with a legal dilemma, make sure heads remain as cool as possible. In doing so, you will have a greater chance to prevail and prosper.
For more on trial procedure and other similar legal topics, feel free to visit www.carbonelawyer.com
Carbone & Carbone LLP, Martin A. Carbone, Esq., Attorney at Law
www.facebook.com/carbonelawgroup
www.twitter.com/carbonelaw1
www.lakegeorgelawyer.com
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