Our Divorce Practice Discussed in Recent National Blog Post

Martin Colin, P.C. is pleased to announce that our matrimonial law practice was discussed in a recent article posted to the Primegraphix website.  

The article can be found here:  http://www.primegraphix.com/legal-guidance-face-divorce

 

Legal Guidance When Faced With Divorce

Legal Guidance When Faced With Divorce

 The full text of the article appears below:

Legal Guidance When Faced With Divorce

Divorce comes with numerous legal hurdles to be overcome.  There are a lot of issues that may bring contention between you and your partner.  This is why you need a competent lawyer to represent you in court and also offer you rightful legal counsel.  Such matters as child and spousal support as well as division of property are usually contentious and thus, need to be handled with an experienced lawyer.

The role of the lawyer in helping you have a convenient and fair settlement in your divorce is indeed crucial.  The lawyers at Martin & Colin, P.C. in White Plains, New York understand that in such issues, there are higher stakes involved and it is not all about money and property.  Many spouses wish for a settlement that will ensure the comfort and security of their children.  Hence, when arguments are being made as regards child custody and support, they will not give advice that seeks to benefit their client alone.  They will bear in mind the fact that your ability to be happy even in the successful completion of divorce will be determined by the children’s comfort.  Even in explosive divorce cases, competent lawyers aim at securing the interests of the client without forgetting the position of minors in the setting.

Thus, a Martin Colin lawyer is an expert who can be relied upon even for counselling during divorce proceedings.  It is important that you entrust such an important process to a professional who is qualified and reputable enough to know how to handle it.  Many people handling divorce cases look for lawyers who have gained a solid reputation in family law.  Due to the fact that they have handled many such cases in the past, they know the best means of guiding you through the legal requirements.

The divorce lawyers at Martin Colin, P.C. can be contacted at (914) 771 7711.  They can be relied upon in several more legal issues stemming from matrimonial conflicts.  For example, many conflicts have arisen even after successful divorce proceedings.  If agreements are not respected, definitely tension will arise between the divorced couple.  Usually, they stem from child custody and support.  One party may fail to meet his/her responsibilities to the minors or refuse to share custody.  You will still need the expertise of a family lawyer to argue out your course successfully.

Divorce cases usually come with immense emotional demands to both parties. This is not only because of the breaking marriage but due to the issues of contention between them.  It is therefore important to seek a qualified family lawyer whose expertise will make the experience less strenuous for you.  You may wish to look at the reviews that clients have done on services of a particular law company to determine whether they are best for you.  A good divorce lawyer will strive to achieve a settlement that will work in favor of the client and minor children.

Divorce or Separation – Dec 2012

The New York State Bar Association has published a brochure demonstrating the requirements for marriage and divorce in New York State. These are some of the New York State Bar Association’s findings:

  • The necessary elements for a contested divorce are:imprisonment for 3+ years; or
    adultery; or
    cruel or inhuman treatment; or
    abandonment for 1+ year; or
    1 year living apart under a separation agreement; or
    1 year living apart under a separation decree granted by a court; or
    irretrievable breakdown of the marriage.

Although many people do not contest the reason for a divorce or separation, in New York the following circumstances alone are not grounds for a divorce: incompatibility, irreconcilable differences and/or a “dead” marriage. In addition, New York courts have also made the following rulings:

  • Condonation after the discovery of adultery by a spouse is a defense to the divorce action based on adultery.
  • A court may declare a marriage void when a spouse has been incurably mentally ill for a period of 5+ years.
  • Abandonment means that your spouse has intentionally left without your justification, consent, and of his/her own accord.
  • Divorce will not be granted if both spouses have committed adultery.
  • If one spouse actively encouraged the other to commit adultery, the court will deny the divorce.
  • A man and woman must be legally capable of entering a valid marriage.
  • An annulled marriage is also known a void.
  • A spouse is granted five years from the discovery of the first unforgiven act of adultery for them to bring the divorce action.
  • Both parties must be over the age of 18 years unless a party is between 16 and 18 years old and has parental consent to marry or is under 16 years and has both parental and court approval to marry.
  • No person under the age of 14 years may marry under any circumstances.
  • A marriage can be dissolved with proof that a spouse has been absent for five years without being known to be alive; believed to be dead; and that efforts were made to discover if he/she was alive and no evidence was found.
  • After dissolution becomes final, the reappearance of the absent spouse does not revive the marriage.
  • Spousal maintenance may be awarded to either party based on a number of factors (including but not limited to: prior standard of living, the present and future earning capacity or the parties, and the ability of the spouse seeking spousal maintenance to become self-supporting.)
  • Spousal maintenance may be waved by written agreement.
  • Child support is no longer an obligation once the child reaches the age of 21.
  • The basic child support obligation to be paid by the non-custodial parent is based upon a percentage of the combined parental income.

Call us now at (914) 771 7711 and let us apply our expertise to your case.