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Family Law is basically state law. While federal law mandates child support guidelines, state law sets them. While federal law prohibits parental kidnapping, state law determines what constitutes 'kidnapping,' and what distinguishes it from 'rescue.' From the prerequisites for entering into marriage through the grounds for divorce and the 'equitable' distribution of marital property, state law governs and state law varies, often widely. This book provides a cogent but comprehensive introduction to family law, for students as well as practitioners, as it is practiced in New York. New York deserves its own family law text for several reasons. First, family law in the state of New York is unique. New York was the last state to hold out against the 'no-fault revolution,' for example. In 2010, when it finally succumbed, it became one of the first states to provide a formula for temporary alimony. It is the only state which considers a degree (such as a law degree) acquired during marriage part of divisible 'marital property.' Like California, New York can be seen as a leader in family law reform. But it is often a leader with few followers. Family Law in New York explores these anomalies and offers some explanations.
This comprehensive divorce and family law book is truly one-of-a-kind. It offers the perspectives of attorneys and professionals on a myriad of family and matrimonial law topics, including issues regarding:* CHILDREN (e.g., custody, visitation, support, paternity, child protective proceedings, adoptions, kidnapping)* MARITAL DISSOLUTION (e.g., grounds for a divorce/annulment, spousal maintenance, equitable distribution, religious issues)* SPECIAL COURT ACTIONS (e.g., family offense proceedings, conciliation proceedings, Persons In Need of Supervision)* CONTRACTS (e.g., prenuptial/postnuptial agreements, cohabitation agreements, pet agreements, surrogacy agreements)* ESTATE PLANNING THROUGH LIFE'S TRANSITIONS* DISPUTE RESOLUTION PROCESSES (e.g., litigation, mediation, collaborative law, neutral evaluation)What makes this book especially unique are the diverse viewpoints from non-lawyer professionals who aid people through these various life changes. To illustrate, the book's authors include a parent coordinator, parenting coach, nutritionist, image consultant, mindfulness and lifestyle coach, personal trainer, credit repair professional, professional organizer, insurance professional, private investigator and real estate professional. This diverse approach adds invaluable depth and perspective to the reader.This book also offers information on social media, courtroom decorum, keeping legal fees down, choosing a qualified attorney, and community resources. There is truly something for everyone who is going through a family law dispute or transition. To illustrate, the book's authors include a parent coordinator, parenting coach, divorce coach, life coach, relationship coach, psychotherapist, financial advisor, accountant, dating coach, nutritionist, image consultant, mindfulness and lifestyle coach, personal trainer, credit repair professional, professional organizer, insurance professional, private investigator and real estate professional.
Providing accurate and objective information to help make the right decisions during a divorce in New York, this guide provides answers to 360 queries such as What is the mediation process in New York and is it required? How quickly can one get a divorce? Who decides who gets the cars, the pets, and the house? What actions might influence child custody? How are bills divided and paid during the divorce? How much will a divorce cost? and Will a spouse have to pay some or all attorney fees? Structured in a question-and-answer format, this divorce handbook provides clear and concise responses to help build confidence and give the peace of mind needed to meet the challenges of a divorce proceeding.
The New York Matrimonial Trial Handbook, by Joel R. Brandes, of the New York Bar, was written for both the attorney who has never tried a matrimonial action and for the experienced litigator. It is not a treatise. It is a how to book for lawyers. This handbook is a companion work to his treatise, Law and the Family New York, 2d (Thomson Reuters Westlaw), which contains extensive coverage of the substantive and procedural law related to matrimonial actions and family court proceedings. The New York Matrimonial Trial Handbook focuses on the procedural and substantive law, as well as the law of evidence, that an attorney must have at his or her fingertips when trying a matrimonial action. It is intended to be an aide for preparing for a trial and as a reference for the procedure in offering and objecting to evidence during a trial. The book deals extensively with the testimonial and documentary evidence necessary to meet the burden of proof. There are thousands of suggested questions for the examination of witnesses at trial to establish each cause of action and requests for ancillary relief, as well as for the cross-examination of difficult witnesses.
Divorce is an emotional process. And if you believe the horror stories, you probably think that divorce leads to years of court battles, attorneys' fees, and lasting damage.But did you know that divorce doesn't have to be this way? You can get divorced from your spouse with minimal court time and plenty of cooperation and compromise. And you don't have to spend a fortune on getting the results you want.Enter Divorce Without Court: A More Peaceful Solution. Written by award-winning divorce and family law attorney Andrea Vacca, this book has everything you need to know about divorce outside of court. From mediation and collaborative divorce to step-by-step strategies to keep your divorce under your complete control, Divorce Without Court is your answer to pursuing the resolutions you want-without the need for a judge's intervention.In this book, you'll learn more about: - What options you have to keep your divorce out of court- The basics of divorce mediation and how it works- The benefits of mediation and alternative conflict management strategies- Issues you can resolve in collaborative divorce- How collaborative divorce works to benefit you and your family- Choosing a divorce attorney who meets your unique needs- Working through conflicts in the meeting room rather than the courtroom- First steps to keep your divorce out of court- Checklists you can use to start planning and preparing for your divorceAnd much more.You'll also have the knowledge of a skilled family law attorney at your fingertips. For decades, family law and divorce lawyer Andrea Vacca has served divorcing couples with alternative conflict solutions that help their divorces stay out of court. Backed by real-life experience and legal acumen, Attorney Vacca knows just how difficult divorce can be. But with her effective preparation strategies and information by your side, you'll be well-equipped to schedule a consultation with your lawyer and start moving toward the future you want.Whether you choose collaborative divorce or divorce mediation, one thing is clear: a non-adversarial approach to divorce will benefit everyone in your family and help you end your marriage with as little conflict as possible. If you want to...- Avoid the drama- Prevent high emotions- Evade the impersonal nature of the courtroom, and- Handle your divorce quietly and privately, without the need for a court's intervention... then this book is for you.Don't let the thought of divorce keep you from pursuing the future you want and deserve. Read Divorce Without Court today and discover your peaceful solutions.