Divorce Mediation Long Island -- Nassau Suffolk Center http://www.lidivorcemediation.com Divorce Now without the Long Island divorce lawyers through Long Island Divorce Mediation: Call now for Free Consultation 631-757-1553. Or email us at Fred@divorcemediation-longisland.com Sun, 12 Feb 2012 18:46:17 +0000 en hourly 1 http://wordpress.org/?v=3.3.1 LongIslandCenterForDivorceMediationhttp://feedburner.google.com Long Island Divorce Blog — Do I Have to Wait To Get Divorced? http://feedproxy.google.com/~r/LongIslandCenterForDivorceMediation/~3/2E7RSDiYG8o/ http://www.lidivorcemediation.com/long-island-divorce-blog-do-i-have-to-wait-to-get-divorced/#comments Sun, 12 Feb 2012 18:41:24 +0000 Fred http://www.lidivorcemediation.com/?page_id=1646

]]> http://www.lidivorcemediation.com/long-island-divorce-blog-do-i-have-to-wait-to-get-divorced/feed/ 0 http://www.lidivorcemediation.com/long-island-divorce-blog-do-i-have-to-wait-to-get-divorced/ Is There a Minimum Residency Requirement for a Divorce In New York? http://feedproxy.google.com/~r/LongIslandCenterForDivorceMediation/~3/caXPfSP4E90/ http://www.lidivorcemediation.com/no-fault-divorce-divorce-mediation-long-island/is-there-a-minimum-residency-requirement-for-a-divorce-in-new-york/#comments Sat, 11 Feb 2012 17:11:24 +0000 admin http://www.lidivorcemediation.com/?p=1627

I Thought That The One Year Requirement to Get A Divorce in New York Is Gone. Is that Right?

In the past three weeks I have had three people call me who wanted a divorce, but whom it appeared did not meet what is called the jurisdictional requirements. What does that mean? Now that New York has no-fault divorce, can’t you just get a divorce on Long Island if you want one?

New York does not technically have “no-fault” divorce. What the state legislature has done is to add a new ground for divorce — an irretrievable breakdown in the marriage, which has lasted for six months or more. That goes to the issue of the reason upon which a New York divorce court can grant a divorce. However, there is an issue that is more basic and that comes up before the issue of grounds — that is jurisdiction.

What is Jurisdiction to Grant a Divorce?

Jurisdiction means that the Court has the authority to deal with an issue. If the Court does not have jurisdiction to deal with your divorce, the issue of grounds never arises — the Court cannot deal with your divorce at all.

What Is The Jurisdictional Basis for a Long Island Divorce Court to Deal with a Divorce?

Domestic Relations Law (the New York law that deals with most divorce issues) § 230 provides five bases upon which a New York divorce court can hear your divorce case. What are they?

1. The marriage ceremony was performed in New York state, either one of you is a resident of New York state when you file for the divorce, and the person who filed for divorce has lived continuously in New York state for one year or more prior to filing for the divorce.

One of the couples who called me for a mediated uncontested divorce had moved to Long Island five months ago from Florida. They were married in Florida. It appears that they do not qualify as residents such that a Long Island divorce court could grant them a divorce. Are they going to have to wait?

2. You have lived together as husband and wife in New York, either one of you is a resident of New York state when you file for the divorce, and the person who files for divorce has lived continuously in New York state for one year or more prior to filing for the divorce.

Same problem — what is the answer?

3. The grounds for divorce ( there are 7) must  have occurred in New York state, either one of you is a resident of New York state when you file for the divorce, and the person who has filed for divorce has lived continuously in New York state for one year or more prior to filing for the divorce.

Same problem — they need to meet the one year requirement (or do they?).

4. The grounds for divorce occurred in New York and you are both New York state residents at they time one of you files for divorce.

It is not clear what the requirement for residency is if you file based on irretrievable breakdown of the marriage. The statute is silent. What if you allege irretrievable breakdown for more than six months and you just moved to New York two weeks ago? In fact,  I could not find any cases on that, so we shall have to see. It makes sense, though, that the six months must have all occurred in New York. So it looks like the residency requirement has been reduced to six months.

5. You were not married in New York, have never lived together as husband and wife in New York, and the grounds for divorce did not occur in New York. One of you must be a resident of New York when you file for divorce and must have continuously been a resident of New York for two or more years.

This is really for someone who has moved separately to New York and now wants a divorce — it appears that the two years still applies. How could you allege that the marriage has irretrievably broken down for more than six months in the State of New York when your spouse has never lived here and your moved here by yourself. You may be stuck with the two-year rule.

So, Is There Any Requirement to Reside In New York For A Minimum Period to Get A New York divorce

It appears to me that there is at least a six month residency requirement to get divorced in New York. This is a major issue, and either the Courts or the legislature will have to resolve it.

Stay tuned.

 

 

]]> http://www.lidivorcemediation.com/no-fault-divorce-divorce-mediation-long-island/is-there-a-minimum-residency-requirement-for-a-divorce-in-new-york/feed/ 0 http://www.lidivorcemediation.com/no-fault-divorce-divorce-mediation-long-island/is-there-a-minimum-residency-requirement-for-a-divorce-in-new-york/ Long Island Uncontested Divorce — What Is It? http://feedproxy.google.com/~r/LongIslandCenterForDivorceMediation/~3/EZl43yqVzAM/ http://www.lidivorcemediation.com/long-island-uncontested-divorce-what-is-it/#comments Tue, 07 Feb 2012 17:28:56 +0000 Fred http://www.lidivorcemediation.com/?page_id=1622

I Need to Get Divorced – Don’t I Need a Lawyer to Protect My Rights?

There is a common and persistent myth that you will get totally taken to the cleaners in a Long Island divorce unless you hire a Long Island contested divorce lawyer — the shark with the sharpest teeth if at all possible. If you are the monied spouse you will lose everything as no one protects you. If you are the unmonied spouse you will be out in the streeet living in a cardboard box unless your lawyer goes after everthing. Is that really  how it works in a Long Island contested divorce?

No. It is not. The reality in a Long Island divorce is that there is a relatively short list of issues that applies to every divorce. And there are only a limited number of realistic resolutions to each of those issues. Sure, every marriage is a bit different, but the laws on child support, distribution of marital assets, and so forth, are reasonably well established. It is a rare case where the facts of your case are really unique. Even though you may be in an emotionally charged and difficult situation with your estranged spouse — the emotional issues that you are focused on are not issues that a court will deal with or resolve. The contest between the two of you often has no real impact on the outcome of the divorce. What is contested is the relationship — not the divorce.

Every week someone comes into my mediation office and tells me, “You have never heard this story before.” In fact, I have heard it twice this month.

The reality is that, at the end of the day, your lawyer cannot work miracles, cannot get blood from a stone, or punish your spouse for some offense -  real or imagined. The job of the Courts is to process you through a divorce, establish the facts and apply the rules as fairly as possible, and get it over with. The Court are very rarely concerned with things like affairs, spending habits, and so forth. If those issues directly relate to child custody and visitation because someone is engaging in behaviors that directly put a child in danger, of course a Court will be interested. But, having a girl friend or boy friend, buy itself, is rarely that sort of thing.

The reality is that everyone in divorce Court on Long Island is there because of behaviors and attitudes that are unacceptable to the other spouse. The Court is there to enable you to separate your lives and move on. The toughest divorce lawyer on Long Island is only going to have a limited impact on the process and its outcomes.

For that reason, most divorces are, in reality, uncontested on many of the real issues. We have no fault divorce now in New York — if one of you wants a divorce you are going to get. The issues that are contested are, for the most part, covered by rules that are well established — you just need to know what they are and apply them. That is what mediation is all about.

But I Don’t Feel That I Can Protect Myself in Divorce Mediation.

That is a legitimate fear. But the role of a mediator is to make sure that all issues are raised and fully explored, and that both parties understand what the law provides and how it applies to their situation. A mediator is not there to provide legal counsel or advice — but, on the other hand, mediation does not take place in a vacuum. You need to know what the law are and what ordinarily goes on in the divorce courts of Long Island. That is part of the mediation process. A mediator is an active and involved neutral — making sure that you each are treated fairly and equally in the process — No Bullying Allowed.

Should I Get A Long Island Divorce Lawyer to Review the Mediation Agreement Before I Sign Anything?

We always recommend that you have the final agreement reviewed prior to signing it. Then you can get an advocate’s point of view — but not by spending tens of thousands of dollars in a fruitless endeavor in court to try to get what you will never get — only to hear after you lose — “Oh well, we had a bad judge. He/she made the wrong decision.” Judges are like anyone else — they try to do the best job that they can. They know the law and how it applies and they have a lot of experience. You can often disagree with their decisions, but they are rarely out-of-the-blue.

The problem in having a divorce court, or your lawyer, make the decisions for you, is that you have completely lost control of the process. No one is really listening to you. You become a victim of other people and their opinions and biases.

Better to retain contol of the process and the decisions by participating in a voluntary process in which you and you spouse are face to face with a mediator assisting you to look at each issue that has to be resolved and finding a solution that best meets everyone needs.

Try mediation — retain control over your own life. 

]]> http://www.lidivorcemediation.com/long-island-uncontested-divorce-what-is-it/feed/ 0 http://www.lidivorcemediation.com/long-island-uncontested-divorce-what-is-it/ Long Island Divorce Blog: The House http://feedproxy.google.com/~r/LongIslandCenterForDivorceMediation/~3/B3UCms5Adpw/ http://www.lidivorcemediation.com/long-island-divorce-blog-the-house/#comments Sat, 04 Feb 2012 17:05:52 +0000 Fred http://www.lidivorcemediation.com/?page_id=1581

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]]> http://www.lidivorcemediation.com/long-island-divorce-blog-no-fault-divorce/feed/ 0 http://www.lidivorcemediation.com/long-island-divorce-blog-no-fault-divorce/ Long Island Divorce Blog: Maintenance http://feedproxy.google.com/~r/LongIslandCenterForDivorceMediation/~3/1d0c3MG8kbc/ http://www.lidivorcemediation.com/long-island-divorce-blog-maintenance/#comments Sat, 04 Feb 2012 16:56:20 +0000 Fred http://www.lidivorcemediation.com/?page_id=1569

]]> http://www.lidivorcemediation.com/long-island-divorce-blog-maintenance/feed/ 0 http://www.lidivorcemediation.com/long-island-divorce-blog-maintenance/ Long Island Divorce Blog: Contested Divorce http://feedproxy.google.com/~r/LongIslandCenterForDivorceMediation/~3/4vqbV-D3bxY/ http://www.lidivorcemediation.com/long-island-divorce-blog-contested-divorce/#comments Sat, 04 Feb 2012 16:53:23 +0000 Fred http://www.lidivorcemediation.com/?page_id=1567

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]]> http://www.lidivorcemediation.com/long-island-divorce-blog-contested-divorce/feed/ 0 http://www.lidivorcemediation.com/long-island-divorce-blog-contested-divorce/ Long Island Divorce Blog: Child Support and Custody http://feedproxy.google.com/~r/LongIslandCenterForDivorceMediation/~3/HvzKBgg5Udo/ http://www.lidivorcemediation.com/long-island-divorce-blog-child-support-and-custody/#comments Sat, 04 Feb 2012 16:51:07 +0000 Fred http://www.lidivorcemediation.com/?page_id=1565

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