The Upstate New York Divorce Law Blog
A custodial parent seeking a court's permission to relocate with a minor child bears the burden of establishing by a preponderance of the evidence that the move would be in the child's best interests. This rule was articulated by the New York Court of Appeals in 1996 in the landmark cases of Tropea v. Tropea. [Read More]
In New York State, marital property is subject to equitable distribution in a divorce action. The "equitable" distribution of marital property is determined by the set of fourteen factors that are listed in the Domestic Relations Law. These factors examine the "economic partnership" that constitutes the marriage in question and guide a court in determining [Read More]
In New York State, a married couple's marital property is subject to equitable distribution in a divorce action. The "equitable" distribution of marital property is determined by the set of fourteen factors listed in the Domestic Relations Law. None of these factors is marital fault. "Marital fault” refers to the misconduct of either party that [Read More]
In a Family Court proceeding when a party does not testify to rebut allegations against him or her the Family Court is permitted "to draw the strongest inference against him as the opposing evidence would allow." This is because the right against self-incrimination and other rights that protect criminal defendants do not extend to Family [Read More]
In neglect and custody proceedings a child's out-of-court statement claiming abuse or neglect may be admissible if it is corroborated sufficiently. As with the types of circumstances that give rise to this exception to the hearsay rule, the definition of corroboration is very broad. The Family Court Act defines corroboration as any other evidence tending [Read More]
Proving in court child abuse or mistreatment can be difficult. Often we only have a child's out-of-court statements to a parent or a third party and very little other proof. An evidentiary problem arises in this situation since out-of-court statements are hearsay. Hearsay statements generally are not admissible in court. That means that they cannot [Read More]
Visitation with a non-custodial parent is presumed to be in the best interests of a child. The denial of visitation is justified only for a compelling reason. This may include a variety of situations where visitation has been detrimental to the child or could be detrimental or dangerous to the child. Typically these are cases [Read More]
In order for the State of New York to have jurisdiction over the parties to a divorce action the residency requirements of Domestic Relations Law section 230 must be satisfied. There are a number of ways that they can be. The most common and simplest way is that the grounds upon which this action is [Read More]
The other day I had a client come in to see me about a divorce. He brought with him the Uncontested Divorce Form Packet and Instructions Packet from the New York Unified Court System. His estranged Wife had given him the packets and told him to figure out how to do their divorce. He [Read More]
This post is for my peers; other attorneys practicing divorce and family law in upstate New York. And frankly, I think this is for any attorney who wishes to use the internet for marketing. Our friends at Yellowbook - the old-fashioned phonebook - have reinvented themselves as WebReach under the umbrella of "hibu, Inc." They [Read More]
