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Tuesday, January 06, 2009 |
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Law Office of
Bryan J. Hutchinson 1443 E. Gun Hill Rd., Ste. 2 Bronx, NY 10469 Telephone: (888) 688-4878 Office Hours: 9 A.M. - 5 P.M. Providing divorce service to New York City's five boroughs - Manhattan, The Bronx, Brooklyn, Queens and Staten Island; Westchester County and Nassau County |
Divorce
Divorce is the judicial termination of a legal marriage. It is also called “dissolution of marriage,” and is based on misconduct o one or both parties within the marriage, or on other statutory cause(s) occurring after the legal beginning of the marriage at the marriage ceremony. A divorce results in both parties again becoming single. In some areas, statutes may authorize “limited” divorces, more commonly known as “legal separation.” This is a legal status (that is, conferred by a court) in which the marriage remains legally intact, but the parties agree to judicial oversight of many of the rights, responsibilities, and liabilities of the marriage. Often included are child care specifics (custody, support, visitation, etc), spousal support (alimony), property ownership, and finances (assets and debts). A recent legal development in the area of divorce is the “no-fault” divorce. Now in effect in many states, the no-fault divorce eliminates the burden of proof of marital misconduct to grant a divorce. Many began to feel that such requirements were outdated, especially in the modern world when couples were often in mutual agreement about ending the marriage. This is possible under the no-fault divorce, in which couples can agree that their relationship is “no longer viable.” Annulment is different than divorce, although it ends the marriage as well. Rather than establishing an end to the marriage, however, it simply voids the marriage altogether, such that, legally, the marriage never existed or was at least invalid. Due to this legal distinction, annulments are not available to all married couples, as divorces are. An annulment is only possible if the original marriage can be shown to be illegal or invalid in some way: if one party was underage or lacked the mental capacity to consent to the marriage, for example. If you are involved in a divorce, call The Law Office of Bryan J. Hutchinson at (888) 688-4878 or submit a divorce questionnaire. More Information Divorce: Preplanning Strategies New York Residency Requirements Grounds for New York Divorce and Defenses New York Child Support New York Spousal Maintenance A/K/A Alimony Annulment of New York Marriage Custody and Visitation Parental Relocation and Child CustodyNOTE: The use of the Internet for communications with the firm will not establish an attorney-client relationship and messages containing confidential or time-sensitive information should not be sent. |
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