Posts Tagged ‘New York’

ALBANY, NY - MARCH 17: New York Governor David...
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As reported in Bloomberg.com, the Governor of New York, David Paterson, signed into law the no fault divorce in New York yesterday.   Previously, parties had to point fingers at the other side alleging cruelty, adultery or abandonment to get a divorce.

The change goes into effect in 60 days and will govern the divorces filed then or later.  Current divorce actions will go forward with the existing law.  New York has a history of lagging behind other states in allowing divorces.  From 1787 to a reform bill of 1966, the only ground was adultery.  Under a more recent reform, a couple could get an uncontested divorce after living apart for a year and agreeing to settlement terms. That option wasn’t open to everyone, because many couples agree only that the marriage is over, not on what happens to children and assets.

Of 56,937 divorce filings in New York State last year, 43,724 were uncontested and 13,213, or 23 percent, were contested, according to state court system data.

While this change will probably make a financial impact on attorneys in New York as the need for trials will diminish, those that want to fight will continue to do so, which will keep the attorneys employed.

In California, even with no fault divorce, there are still plenty of attorneys who are kept busy with hearings and trials for custody, visitation and the division of assets and debts.

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NEW YORK - SEPTEMBER 01: In this photo illustr...
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I reported in January of this year, an order from an Illinois judge who ordered that the children be available via the internet for visitation with Father because of the distance.

In New York this week, a judge ordered in Baker v. Baker that Mother, at her own cost and expense, will see to it, prior to re-location, that the Respondent, as well as the children, are provided the appropriate internet access via a Skype device which allows a real time broadcast of communications between the Respondent and his children.  Not sure if this means Mother must pay for a computer for Father to have access to Skype or not.

In this case, Mother was relocating to Florida with the children from New York and the judge could find no alternative to her moving but this.  Mother is moving in with her parents to look for work and has been unable to support the children in New York.  Father is suffering from bladder cancer and is a recovering alcoholic, I am gathering from this information that Father is unable to support the children either in New York.  Father had opposed the move but was happy about the Skype order.

Times are changing people, they really are!

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New York State Senate Chamber in the New York ...
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New York is the only state in the country that does not allow no-fault divorce, creating what divorce lawyers call institutionalized perjury by forcing couples in failing marriages to essentially lie to a judge.  I wrote not to long ago about a case in New York in which the wife threatened the husband with a samurai sword and was denied a divorce and how ludicrous this was.

The New York state senate has approved a bill that would permit no-fault divorce, allowing couples to cite irreconcilable differences as grounds for ending a marriage instead of having to assign blame to one party.

The state assembly, or lower house, should take up the matter in the coming weeks. Backers of the law are hopeful it will pass and reach the desk of Governor David Paterson, who is expected to support it.

California was the first state to pass the no-fault divorce in 1969, and many other states followed soon after.  The Catholic Church has fought changes to the law in New York in an effort to keep married couples together and has found an ally in the National Organization for Women (NOW), normally at odds politically with the church on issues such as abortion.

It was only a matter of time that this law went into effect, and I wonder how many new divorces will be filed once this law is on the books. It will certainly be interesting to see.

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The New York State Senate on Tuesday night expelled a senator convicted of assaulting his companion, the first time a member of the Legislature was forced from office in nearly a century. Hiram Monserrate, a Democrat from Queens, was convicted last fall of misdemeanor assault after a fight with his companion, Karla Giraldo, that left her with a deep gash on her face, though he was acquitted of more serious felony assault charges.

I have to say that I had not heard about this assault that occurred in December 2008. As I have blogged about many times in the past, domestic violence seems to be increasing in our society, including among well known public figures.

Mr. Monserrate’s attorneys are drafting a restraining order seeking to have him reinstated. It looks like this could be a long fight for the senate and Mr. Monserrate.

You can read more about this by clicking here.