The Law Firm Of Guttmann & Kellner, P.C.
25 West Main Street
Smithtown, New York 11787
Phone: 631-360-2175
Fax: (631) 360-3393
24 Hour Number: (718) 830-7121
E-Mail us at ExperiencedLaw.com
"When experience counts"
Matrimonial Problems? Know your rights.
Marriage is a civil contract. Accordingly, a marriage can only be dissolved by a court through either a divorce or an annulment. A marriage relationship can also be altered by a court ordered decree of separation. In either case, there must be a legal proceeding in the Supreme Court in which the party seeking a divorce, annulment or legal separation must establish "grounds"
As marriage is indeed a civil contract, then to alter or terminate this contract, the party seeking this relief must set forth sufficient and appropriate reasons (or "grounds"), why the Court should grant a divorce, annulment or separation.
GROUNDS FOR DIVORCE:
1) CRUEL AND INHUMANE TREATMENT:
If your spouse has abused you either physically or emotionally, this may be found by the Court to constitute Cruel and Inhumane Treatment. Facts must be set forth that will prove to the Court that due to the physical and/or emotional abuse perpetrated by your spouse, that it is not safe or proper for the marriage to continue.
2) ABANDONMENT:
If your spouse has intentionally and without justificaton left you and the marital residence without your consent, this may be found by the Court to constitute Abandonment. New York State law requires that the abandonment must be continuous and be of at least one year in duration. Moreover, an unjustified refusal by a spouse to have sexual relations for a continual one year period may also be found to constitute a "Constructive Abandonment."
3) ADULTERY:
If you can provide suffocient proof that your spouse has engaged in an extramarital affair a Court may grant a divorce on the grounds of Adultery. There are strict requirements that must be satisfied when seeking a divorce under the grounds of adultery, and great care must be used wwhen crafting the legal documents. Additionally, there are several defenses to the charge of adultery, including a five year "Statute of Limitations" from your discovery of the spouse's first unforgiven extramarital affair, and "Condonation", ie,. having sexual relatons with the spouse after discovery of the adultery.
4) IMPRISONMENT FOR THREE OR MORE YEARS
A divorce may be granted if one spouse has been imprisoned for at least three years prior to the instigation of the action for divorce.
5) LIVING APART AND SEPARATIONS:
A Court can grant a divorce based on the fact that the parties have lived apart for at least one year pursuant to either a written separation agreement or a Court ordered judgement of separation. No finding of fault need be found by the Court.
WHAT IS A SEPARATION AGREEMENT?
A SEPARATION AGREEMENT is a contract that is prepared by the attorneys for each spouse which sets forth in great detail the rights and responsibilities of each party. When properly drafted, the SEPARATION AGREEMENT should operate as a road map for the parties as they lead their lives separate and apart from one another.
A SEPARATION AGREEMENT is particularly crucial when there are children involved. Although the spouses may part ways, the needs of the minor children continue. A properly drafted SEPARATION AGREEMENT will deal with issues such as custody, visitation, support, child care, summer camp, insurance and education.
A SEPARATION AGREEMENT should also address issues such as spousal support, the marital residence, property division, debt allocation, insurance, pension evaluation and income taxes.
The attorneys at GUTTMANN & KELLNER, P.C. know that at a time when your family life has been turned upside down, the last thing that you need is an attorney who won't return your phone calls and pay close attention to all details of your case. GUTTMANN & KELLNER, P.C. will be at your side to answer all your questions. Moreover, we are experienced trial attorneys who are not afraid to vigorously fight for your interests in court.
Phone: 631-360-2175
Fax: (631) 360-3393
24 Hour Number: (718) 830-7121
When experience counts, E-Mail us with your matrimonial questions at ExperiencedLaw.com
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