Tuesday, April 23, 2024

Free Divorce Lawyers In The Bronx

What Is A Marital Settlement Agreement In A Divorce

Divorce Court – Jerome vs. Queenesha: Church Friends – Season 14 Episode 108

The marital settlement agreement goes by many names such as collaborative settlement agreement, mediated separation agreement or custody, support and property agreement. It may also be referred to as divorce settlement agreement, property settlement agreement or separation agreement. Marital settlement agreement is a written document that memorializes any agreements that have been reached between the divorcing spouses. This agreement pays much attention to child support, alimony, child custody and division of property. Alimony may also be known as maintenance or spousal support. In most divorce proceedings, these areas are always sensitive, thus the need to put it down in writing regarding the decisions reached between the divorcing spouses.

If the goal of the divorcing spouses is to avoid attorney fees and unnecessary turmoil, they will settle their case at the earliest moment possible. Once the spouses agree on the property rights, child support and custody as well as visitation agreement and put it on paper, they will file it with the court. In the courts, the marital agreement will become part of the divorce judgment as it will play a pivotal role in the decision making process. When used as part of divorce judgment, the agreement is known as divorce decree.

The following are ways through which a court may decline to enforce a marital settlement agreement:

Green Book Actor Frank Vallelonga Jr Identified As Dead Body Police Found In The Bronx Man Arrested

Albert L. Ortega/Getty

The body of actor Frank Vallelonga, Jr., was found dead outside of a building in the Bronx earlier this week, the New York Police Department said.

In a news release shared with PEOPLE, the NYPD said that the body has been identified as Vallelonga, known for his role in the 2018 film Green Book. He was 60.

His cause of death has not been released however, a 35-year-old male, Steven Smith, has been arrested and charged with concealment of a human corpse, the release said.

“The investigation remains ongoing at this time,” the NYPD said in the release.

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Officers were first alerted to “an unconscious male” in the Bronx at 3:50 a.m. local time on Monday. At the site, authorities found a male, who was unidentified at the time, “unconscious and unresponsive, on the ground at the location,” per the release.

“The male had no obvious signs of trauma observed. EMS responded to the location and pronounced the male deceased at the scene,” officers said, noting that the medical examiner will later rule on how he died.

According to The New York Post, authorities said Vallelonga’s body was thrown out of a car and left outside of a sheet-metal manufacturing factory.

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Police sources told the outlet that based on an initial investigation, it is likely Vallelonga died from an overdose.

Her Justice Testifies To Nysba Presidents Committee On Access To Justice And Committee On Legal Aid

In testimony to the New York State Bar Associations Presidents Committee on Access to Justice and Committee on Legal Aid, Her Justice Supervising Attorney Anna Ognibene outlines barriers to justice within the New York City Family Court system, including court closures and severe case delays during the pandemic, plus recommendations for improving the system for all.

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Her Justice Policy Research Cited In Report On The Impact Of Covid

Her Justice contributed to and was cited in a report on the consequences of the pandemic on the NYC Family Court. The report, led by the Fund for Modern Courts and the New York City Bar Association, details the dire need for reform as well as substantive recommendations for how to improve and modernize the system.

We Listen To Your Challenges And Answer Your Questions:

Bronx Divorce Lawyer

At David Centeno Law, we recommended a course of action, and help you navigate through the divorce process.

Our legal work consists primarily of uncontested New York divorce cases and contested New York divorces only when clients are not able to reach an amicable resolution.

We have experience with all aspects of New York divorce ranging from simple uncontested no-fault divorces to complex contested high net worth divorce cases.

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What Are The Requirements For Getting A Divorce In New York

To get a divorce in New York State, you must meet the residency requirement, meaning:

  • You or your spouse has been living in New York continuously for at least 2 years before the divorce
  • You or your spouse has been living in New York for at least 1 year and you got married in New York, you lived in New York as a married couple, or the grounds for your divorce happened in New York
  • Both you and your spouse are residents of New York on the day the divorce starts, and the grounds for divorce happened in New York

You also must meet one or more of the seven grounds for divorce in New York, meaning you have a legally acceptable reason for the divorce to occur.

There are seven grounds for divorce in New York, as follows:

  • Irretrievable breakdown or no fault for at least 6 months
  • Cruel and inhuman treatment, such as abuse or domestic violence, within the past 5 years
  • Abandonment or constructive abandonment of a spouse for 1 year or more
  • Imprisonment for 3 years or more. This ground can be used while the spouse is in prison, or up to 5 years after their release
  • Adultery, with proof that adultery occurred during the marriage
  • Divorce after a legal separation agreement, where an agreement is signed and the spouses live apart for 1 year
  • Divorce after a judgment of separation, a rarely used ground where the Supreme Court creates a judgment of separation and the couple live apart for 1 year
  • Who Is Responsible For Sending You A Copy Of The Divorce Your Bronx Divorce Lawyer

    Once the divorce process and the papers have been finalized and signed, both involved parties have the right to a copy of the settlement. There are a number of reasons that its important to have a copy of your divorce papers. If the judge signed the papers, each party still receives a copy of the papers.

    If you have an attorney, then typically your attorney is responsible for sending you a copy of the divorce. The copy of the final divorce judgement, is something which is a government filed document. That means, if needed, you can go to Clerk in the county in which the divorce was filed, and consequently get a copy of it.

    If you are unable to go there, you can provide authorization to an agent who can then get you it. The agent acts on your behalf, and gets the copy for you. Typically, when a divorce is filed, the court will send/give, either you, or your attorney, a copy of the judgement. Its important to keep it safe for future usage.

    Your Bronx divorce attorney should receive a copy, as should your spouses attorney. Attorneys are required to make sure their client has the best advice about their case. One of your attorneys responsibilities is to ensure youve received a copy of your divorce papers.

    The majority of divorce papers will create terms about which parties receive which assets and debts. All assets and debts need to be divided in a divorce. Most states have a 50/50 clause in which each spouse receives 50 percent of the assets.

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    Experienced Divorce Lawyer Bronx

    Life is full of surprises, both good and bad. When one of those surprises is divorce, its easy to feel overwhelmed and unsure of where to even start to begin to deal with it. You need a seasoned Bronx divorce attorney to help provide the advice & assistance you need. Dont attempt to go through it alone. Reach out to a member of our team today at .

    With decades of practice successfully negotiating divorces in NYC, we will walk with you through the entire process of the dissolution of your marriage. We understand that this is a difficult and emotional time, especially if there are children involved. Our lawyers are empathetic and caring you wont feel like just another case file, but like youve found a trustworthy support network with our team. We are ready and capable to handle your case aggressively in order to help you gain closure and be ready to move on to a new chapter of your life.

    Conditions For Uncontested Divorce In New York

    Divorce Court – Tiffany vs. Mohamed: He Had A Wife – Season 14 Episode 95

    Uncontested divorce is when both spouses have reached an agreement in ending their marriage.

    To begin, the spouses must:

    • Agree on the grounds of divorce
    • Settle all of the issues involved in their case such as alimony, child custody, division of property, and more
    • Satifsy the residency requirements for divorce:
    • You or your spouse have lived in NY for at least 2 continuous years before filing for divorce
    • You or your spouse has lived in NY for at least one continuous year before filing for divorce and you got married in NY, lived in the state as a married couple, or the grounds of divorce happened in NY.

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    Trusted Bronx Divorce Lawyer

    Even in the most amicable uncontested divorce situations, complicated issues need to be resolved. Having the advice of a dedicated family lawyer will protect your legal and financial interests going forward.

    In stressful situations, most divorcing couples are not in the frame of mind to consider all the implications of a divorce. Family lawyers have both the legal knowledge and experience to anticipate the implications. This is because a law firm is an objective first-party and not emotionally involved.

    Divorce deals with complicated matters and securing the aid of a Bronx family lawyer can help prevent mistakes. Hiring a reputable law firm can help ensure that you are left with a clear and binding agreement that supports your best interests.

    Because each partner has a unique perspective on their marriage and its breakdown, most partners benefit from securing the aid of a family lawyer. Juan Luciano is an advocate who has the ability and experience to compassionately listen and then distill the information into a winning legal strategy.

    You dont have to do this alone call now , we can help.

    Are You Eligible For Our Services

    Her Justice provides free legal help to women living in poverty in New York City. We evaluate each request for legal assistance on an individual basis. Our general criteria are set out below. We weigh many factors and will take extraordinary circumstances into consideration when determining a womans financial eligibility for our help. If in doubt contact us.

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    Top Questions To Ask A Lawyer

    • What is the usual process to resolve my case? How long will it take to resolve this?
    • What are likely outcomes of a case like mine? What should I expect?

    An experienced lawyer should be able to communicate a basic road map on how to proceed. The lawyer should be able to walk you through the anticipated process, key considerations, and potential pitfalls to avoid. Once youve laid out the facts of your situation to the lawyer, he/she should be able to frame expectations and likely scenarios to help you understand your legal issue.

    Two Types Of Separation Agreements: Whats The Difference

    Martin Mohr

    Before determining whether they can be enforced, its important to understand the two different separation agreement types. First, theres an informal agreement between spouses. Although an informal agreement must be put into writing, the court does not get involved.

    Second, theres a legal separation agreement that can only be created through the courts. Different processes are required to judicially enforce these different kinds of separation agreements, and a local divorce or family attorney can help you choose the right agreement for your situation.

    Does New York Have a Residency Requirement for Legal Separation?

    The answer to that question is complex. Theres no residency requirement if, at filing time, both spouses are New York residents and the reasons for the separation arose in the state. Otherwise, you have to meet one of two requirements:

    Informal Agreements Between Separating Spouses

    As long as its been correctly prepared and fully executed by both spouses, an informal is a legally binding contract. Simply put, assuming that the agreement has been written and signed by both parties, you or your spouse can file a court case requesting damages or enforcement in the event of a breach. Here, a separation agreement is handled much like any other type of contract dispute.

    Legal Separation Agreements Through the Court System

    State Laws on Legal Separation and Contracts

    Dating During a Separation

    Its Important to Be Proactive About Separation

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    What Are Alternatives To Divorce

    Depending on your circumstances, you may have other options for ending your marriage besides a divorce. Many states offer legal separations, which can allow spouses to make some of the same decisions as a divorce regarding their shared property, child custody, and child support. This option doesn’t legally end the marriage and is generally used when couples want to retain their marriage status for religious or health care reasons.

    An annulment, on the other hand, has the same legal effect as a divorce but does so by declaring your marriage was never valid in the first place. Reasons for an annulment could be that one spouse was already married, was tricked into the marriage, or was too young at the time to legally marry.

    Do Divorce Lawyers Work On Contingency

    Its unusual for divorce lawyers to work on contingency, where they receive an agreed-upon proportion of the awarded amount if and only if they win the case. It’s much more common for lawyers to work on a retainer or on a fixed hourly fee. Always discuss the fees and payment options with lawyers youre considering hiring.

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    How To Get Help

    At this time, The Legal Aid Society is offering remote services by phone. Call this location directly, or reach us via our Main Number 577-3300 or Helpline 663-6680, staffed Mon-Fri 10am-3pm.

    For housing problems, you should call on Wednesday morning starting at 9 a.m.For Government Benefits problems, you should call on Thursday mornings starting at 9 a.m. Handles uncontested divorces only. Call to put your name on the uncontested divorce waiting list. Have all documents relating to the case on hand when you call.

    En Español:En este momento, The Legal Aid Society está ofreciendo servicios remotos por teléfono. Llame a esta ubicación directamente o contáctenos a través de nuestro Número principal 577-3300 o Línea de ayuda 663-6680, con personal de lunes a viernes de 10 a.m. a 3 p.m.

    Para problemas de vivienda, usted debe llamar los miércoles por la mañana empezando a las nueve. Para problemas con beneficios del gobierno, usted debe llamar los jueves por la mañana empezando a las nueve. Sólo se ocupa con los divorcios de mutuo acuerdo. Llamas para poner su nombre en la lista de espera para divorcios de mutuo acuerdo. Tengas todos los documentos relativos a su caso en la mano cuando llamas.

    Last Reviewed: April 22, 2020

    How Is Property Divided In New York Marital Vs Separate Property

    Divorce Court – Melissa vs. Charles: Can We Save It? – Season 14 Episode 83

    New York is an equitable property state. This means that marital property will be divided equitably, though not necessarily in a 50/50 split. The court will take into account the age of both spouses, earning potential, health, and other factors to determine the division of marital property.

    However, separate property is not divided. This consists of property and assets acquired before marriage, as well as certain types of property like gifts and inheritances. These assets are not divided between the divorcing couple.

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    Free Telephone Or Online Consultation

    Not sure what your needs are, what your next step should be or how you should arrange your affairs? For a free Needs Assessment and Consultation, give us a call and we will helpyou understand the process and how to best protect your rights. Whether you are entering into a relationship or ending one, knowing the process will ensure that you are better prepared for whateveryou are facing.

    Fitzgerald Family Law: 233-7285

    Or, if you prefer, fill Out the Form Below and someone will contact you within 24 hours to discuss your concerns or arrange an appointment.

    We can assist you in all areas of family law, including:

    • Child Custody and access
    • Child support and spousal support
    • Non-harrassment applications
    • Division of family property, including business interests, pensions and investments
    • Possession of the matrimonial home
    • As well as the rest of your family law needs…

    We also offer assistance to those entering into a relationship or marriage, through the use of Cohabitaton or Marriage Contracts.

    Common Legal Terms Explained

    Personal jurisdiction Requirement that a particular court have authority over a person, in order to bind that person to the judgment of the court, based on minimum contacts. International Shoe Co v. Washington is a landmark Supreme Court case outlining the scope of a state courts reach in personal jurisdiction.

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    What Sort Of Issues Can I Seek Legal Help With

    Specialized legal help is available for most legal issues. Each case is unique seeking legal help is a smart first step toward understanding your legal situation and seeking the best path toward resolution for your case. An experienced lawyer understands the local laws surrounding your case and what your best legal options might be. More importantly, there are certain situations and circumstances such as being charged with a crime where you should always seek experienced legal help.

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