When two people are going through a divorce, one of the first things courts consider is whether the marriage itself was VALID. Albeit rare, under Illinois law, parties can assert a ground for dissolution of the marriage alleging that the marriage itself was not valid. Here are a few of the possible reasons: a party lacked property capacity to consent to …
An Annulment in New York Based on Fraud
You can obtain an annulment based on one of the five reasons set forth in New York Domestic Relations Law (“DRL”) Section 140. This post will focus on an annulment based on fraud-DRL 140(e). Pursuant to this statute: An action to annul a marriage on the ground that the consent of one of the parties thereto was obtained by force …
The 4-Step Divorce Mediation Process
It’s as easy as 1,2,3… 4! Okay, okay, divorce mediation isn’t always so “easy” but this document that I created demonstrates the 4 step process. Initial Consultation – this is where an initial consultation agreement and confidentiality agreement is signed and the mediation process is discussed Mediation Period – this could take a bit depending on the complexity of the …
Ask Cari: “Can I Leave the Marital Home Before the Divorce is Commenced?”
I am frequently asked this question during divorce consultations. There is a fear out there due to the law of abandonment that a spouse will hurt his/her legal position in a divorce if he/she vacates the marital home before the divorce is commenced. “Actual abandonment” is still a ground for divorce in the state of New York; however, the departure …
Additional Topics To Be Discused At NY Family/Matrimonial Law Seminar for Mental Health Professionals
I hope that my readers had a wonderful Fourth of July. It’s one of my favorite holidays. As I noted in this previous post, I am completing a family/matrimonial law seminar series with Deborah Kaminetzky, Esq. The next seminar will be held on July 12, 2011 from 9:30-11am at the Marriott Hotel in Farmingdale, New York. It costs $25 to attend and …
NY Family/Matrimonial Law Webinar for Mental Health Professionals
As I noted in this previous post, I am planning a Family/Matrimonial Law seminar series for mental health professionals in New York City and Long Island. I have been contacted by a few therapists in Manhattan that cannot make the seminar next Tuesday. There will be a webinar next fall for those of you who could not make the seminar …
The New “No Fault” Divorce Law in New York
I want to preface this blog by saying that I’m a huge fan of marriage, family, Prince Charming, and (most) romantic gushy stuff (and if you want to send me flowers I prefer daisies or violet roses!). I believe that love is sometimes a choice and couples should do everything they possibly can to stay together- in the good times …