I get several calls a day from potential clients who need to get divorced now, ahora, within a few days, this week or this month.
I tell them all the same thing: There are a lot of fast divorce scams on the internet promising get divorced quick schemes that are not legal and can get you into serious legal trouble (like going to jail)…
As I have recently been commenting on my blog, New York state’s divorce law has recently come under attack by a New York Times editorial for not permitting no fault divorces.
It is important to note that New York has its own version of “no fault” divorce. Surprisingly, the New York Times editorial left this important information out. Obviously the story was written by a reporter and not a lawyer. I still do agree with the Times’ assessment that New York divorce law is antiquated and needs prompt revision.
The following is the standard Statement of Client’s Rights and responsibilities that I include in all my New York divorce and family law retainer agreements. If you retain me as your divorce or family law lawyer, the following will be your rights and responsibilities:
Clients often ask me about New York separation agreements, what they are, how they work, and if they should enter one instead of getting a costly divorce.
You should always consider a separation agreement as a valid option and as an alternative to divorce. A separation agreement puts in writing the terms of your separation, which one year from the date the agreement is filed with the court, become the terms of your uncontested divorce.
The benefits of a separation agreement are:
I sincerely am asking the above question, “Is the divorce rate rising or falling in the current economic recession?” As a NY divorce lawyer I know that my practice has not seen a significant change. I have read some recent articles claiming that people are deciding to stay in failed marriages to keep their dual incomes. Yet other recent articles say the divorce rate is soaring because of the current economy.
The New York Times has published letters from readers responding to it recent scathing editorial regarding New York state’s refusal to enact no fault divorce laws. New York is the only state that requires you to prove the fault of your spouse to legally justify your divorce.
How do I offer cheap New York divorces? Before I get into the details I want to discuss why I dislike the word cheap…
The word “cheap” has various connotations as evidenced by Dictionary.com:
I get calls from people who want to get divorced today, right now, within the hour, manana, this minute, by tomorrow, and the list goes on and on…
I have been told that certain unsavory websites promise to fly them to Mexico, Nevada or some other sketchy place to get them divorced ASAP. They claim that they have been told that these divorces will be legal and valid in New York state. Yikes…
Last week, the New York Times wrote a scathing editorial regarding New York’s old-school divorce law. New York remains the only state in the United States of America that does not have a no-fault or irreconcilable differences grounds for divorce. In New York state, if you want to get divorced you have to prove that you have a legally justifiable reason for court to grant you a divorce. In other words, you need to prove that you have grounds for divorce: that your spouse is guilty of what is called marital fault, i.e. that your spouse committed adultery, treated you in a way that is cruel and inhuman, abandoned you or has been imprisoned for a significant period of time. Although, a no-fault divorce is available in the minority of cases where the parties have been legally separated for one year and filed their separation agreement with the court.
Text messages are the digital age’s lipstick on the collar. Technology is transforming the face of divorce, especially in New York, one of the few states that still requires as showing of fault. If you look to the media for examples, you will find Tiger Woods’ alleged affair partner publishing flirty text messages to the public. Also, Senator John Ensign of Nevada, whose affair with a former employee was confirmed by an incriminating text message. Others, like Kwame Kilpatrick, the Detroit’s former mayor, were caught because they used government-issued cell phones.
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