Countless divorce clients approach me with the same concern: If I move out of the house, will it be considered abandonment? The answer is no! “Abandonment” is one of the most misunderstood concepts in divorce lingo. In New York State, you must have a reason to get a divorce, called a “ground” for divorce. Abandonment is one of seven grounds on which you can commence a divorce action. In order to file for a divorce on the ground of Abandonment, you must show that your spouse abandoned you for a period of one year or more. Moving out of the marital residence after a divorce action is commenced is not considered abandonment. Even if you did abandon your spouse for a year, it merely provides your spouse with a reason to commence a divorce action. It does not in and of itself affect the outcome of the divorce action.

However, before you decide to move out there are other considerations you should discuss with your attorney. (more…)

Tags: abandonment, divorce, divorce action, divorce grounds, moving out

Divorce has been depicted in Hollywood, both by films and by the celebrities featured in them, as endless wars between spouses. This portrayal represents how divorce proceedings can drain both individuals financially, damage relationships and cause emotional trauma for children stuck in the middle. Recently though, couples have found an alternative with the help of marital mediation.

Kindle to the Fire
Couples look to part ways for several reasons, but not all reasons are as emotionally fired up as infidelity. Perhaps the main issue is losing a job, debt problems, or unequal contribution to household income or raising children. Lack of communication can bring these problems to a point where many say, “I just can’t do this anymore.” (more…)

Tags: divorce, marital mediation, mediation

http://www.wben.com/Texting–Tweets—Facebook–The-New-Tools-of-Divor/8607356

Buffalo, NY (WBEN) — Think your soon-to-be-ex-spouse’s divorce attorney can’t find what you’ve “hidden” in your Facebook account?

Think again.

Information from social networking sites – including Facebook and Twitter, emails, text messages, and search engines is more and more frequently being used as evidence in court proceedings.

“It is a new phenomenon. We’re seeing its impact at a variety of levels,” Nelson Zakia, chair of Matrimonial Law for Hogan Willig, P.C. told WBEN’s Sandy Beach on Thursday. (more…)

Tags: divorce, emails, facebook, marital conduct, text messages, twitter

It has long been rumored that the divorce rate in America has reached an all-time high with a predicted 50% of marriages ending in divorce.  In New York State, the process of divorce has been especially renowned to be complicated, emotionally and financially damaging, and torturously long.  This characterization seems well deserved considering, as NBC New York points out, New York was the only state in America lacking no-fault divorce legislation.  However, (more…)

Tags: divorce, new york state, Protecting Women with No-Fault Divorce

I recently had an opportunity to sit down with a potential client who had acknowledged with her spouse a need to achieve at least a legal separation and possibly a divorce.  Her main questions were focused on how that process would work as she had some ideas regarding traditional divorce litigation, mediation and collaborative law.  Her case was not unlike pretty much all others in that (more…)

Tags: collaborative law, dispute resolution model, divorce, divorce litigation, divorce mediation, Family law, legal separation, Matrimonial Law