Hearings Necessary in New York Child Custody Disputes

In a significant change in adjudicating New York child custody disputes, the New York’s Court of Appeals recently ruled that, in most cases, NY child custody and visitation orders should, only, be made after the parties have been given the right to a full evidentiary hearing before a New York court. The recent NY Court of Appeals (highest court in New York state) decision in the matter of S.L. v. J.R., the NY Court heard an appeal from an order upheld by a lower appellate court that allowed a custody award to be upheld without conducting a hearing.  The reason the lower appellate court upheld the custody award is because it determined that no hearing is necessary where the court had enough relevant information to make an informed decision as to what was in the child’s best interest. In reversing the appellate decision, the New York Court of Appeals noted,

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Hiring a New York Divorce Lawyers for International Divorces in New York Courts

Our law firm’s New York attorneys handle many divorce and family matters for our international clients. The major issues that arise are, typically, jurisdiction of the New York courts, service of process and the grounds for the New York divorce.  We wrote an article on the Grounds for a New York divorce and will be posting an article soon, also, on International Service of Divorce Documents in New York soon. New York’s Domestic Relations Law Section 230 allows New York courts to have jurisdiction over the parties in a divorce matter if and only if: “1. The parties were married in the state and either party is a resident thereof when the action is commenced and has been a resident for a continuous period of one year immediately preceding, or 2. The parties have resided in this state as husband and wife and either party is a resident thereof when the

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Filing a Contested Divorce in a New York City or County Family Court

If you and your spouse have decided to amicably part ways, you may simply want to consider filing for a New York uncontested divorce.  An article on the uncontested divorce procedure, in New York, can be found at: Grounds for Divorce in New York State Courts.  An attorney is needed, in most cases, to file a uncontested or uncontested divorce.  For obvious reasons, the choice of the lawyer is more important in cases concerning a contested divorce. In New York, an uncontested divorce is a fairly straight-forward procedure, and is possible as long as both of the parties are over the age of 18, have no children under the age of 18, have been separated at least six months, both agree the marriage can’t be saved, and you’ve already agreed on the division of your assets. However, if any of these realities don’t apply, you will need to apply for

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