Wife’s Application To Set Aside Separation Agreement Denied

Wife’s Application To Set Aside Separation Agreement DeniedA wife had brought a proceeding in Nassau County which was heard before Court Attorney Referee Marie F. McCormick. The wife presented arguments that the Separation Agreement was not signed before a notary and therefore it was not enforceable. The wife claimed the agreement should be set aside because it was signed under duress. She also claimed the terms of the Separation Agreement were unconscionable.

Testimony At The Hearing

There was testimony that the parties signed and acknowledged the Separation Agreement before a notary public and the notary public’s stamp appeared on the Agreement. The court after listening to testimony found the husband’s testimony to be more credible than that of the wife. Attorney Referee McCormick found the wife’s alleged claim that the agreement was unconscionable was meritless. Referee McCormick found the wife was the person who wanted the written Separation Agreement. Referee McCormick also found neither the procedural nor the substantive aspects of the agreement indicated there was overreaching by the husband or that the terms and conditions of the Separation Agreement were unconscionable.

She inferred it was the wife not the husband who had someone draft the agreement. Then after the agreement was drafted it was presented to the husband to sign. Referee McCormick also found the wife failed to show any grounds to set aside the agreement. She found the agreement valid and held it should be maintained in full force and effect.

schlissel-headshotElliot S. Schlissel, Esq. is a divorce lawyer representing men and women throughout the Metropolitan New York area. He can be reached at Elliot@sdnylaw.com or 800-344-6431.

Divorce grounds in the State of New York

Divorce grounds in the State of New YorkIn the State of New York the parties seeking to be divorced can file for a no-fault divorce. The no-fault divorce filing process only needs allegations which allege an irretrievable breakdown of the marriage for a period of at least 6 months. The parties do not have to elaborate as to what has caused this irretrievable breakdown of the marriage. In short, the parties basically are alleging they haven’t gotten along for 6 months and they want a divorce. This is enough to obtain a divorce in the State of New York on the no-fault ground.

Fault grounds for divorce

It is more complicated to obtain a divorce on fault based grounds in the State of New York. The moving parties in the divorce must prove either physical or mental abuse, adultery, abandonment for a period of at least one year, the other party was incarcerated for a period of 3 years or adultery. The definition of adultery in the State of New York with regard to being a ground for divorce is a married person having sexual relations with an individual he or she is not married to. It should be pointed out cases based on adultery are usually nasty cases which are aggressively litigated. It is usually recommended to choose a different ground for divorce even it adultery is present to avoid complicated, expensive divorce litigation.

How marital fault effects divorce

The courts in New York do not consider marital fault with regard to issues such as division of marital property and spousal maintenance (alimony). Some individuals believe that if they can prove adultery it is a factor in giving the other spouse spousal maintenance. This is not true anymore in the State of New York. In situations where the spouse committing the adultery wasted a significant portion of the marital assets entertaining his or her lover, this can become an issue with regard to the equitable distribution of the assets.

Keep it simple

Generally speaking the best rule to follow with regard to divorce is to keep it as simple as possible.

About the Author

schlissel-headshotIf you wish to learn more above issues related to divorce feel free to contact Elliot S. Schlissel, Esq. at 800-344-6431 or e-mailed at Elliot@sdnylaw.com.

Wife Seeks Child Support

A wife had brought an application seeking child support about a year after the divorce case started.  The husband was a teacher.  He also owned a small construction company.  He made $152,000.00 in 2015.  During that same year the wife had earned $122,000.00.  In addition, the wife received substantial rental income from a variety of real estate interests she inherited from her family.

 

The Parties Separated

The parties separated in December 2013.  The father moved into the parties’ second home located in Sayville, Long Island.  She remained in their former marital residence.  The father had instead of paying the wife child support for the children, agreed to pay the Sayville property expenses.  In addition, he was paying medical and other insurance expenses included on both properties.  He contributed to the children’s expenses whenever wife requested as well as when the children were with him.

 

Child Support Denied

Justice Quinn sitting in Supreme Court in Suffolk County took note there were no allegations in wife’s submissions the children’s needs were not being met.  He further found the wife had substantial income above a teacher’s salary.  In addition, the husband’s health insurance covered all the parties’ medical expenses.  Justice Quinn found the children’s standard of living remained consistent.  Their financial and emotional needs were provided for.  He denied Elliot Schlisselthe wife’s application for child support.

 

Elliot S. Schlissel is a father’s rights lawyer representing fathers throughout the Metropolitan New York area for more than 3 decades. He can be reached at 800-344-6431 or e-mailed at Elliot@sdnylaw.com.

VIDEO: Wife Seeks to Set Aside Prenuptial Agreement

NY Fathers Rights Lawyer Elliot Schlissel discusses a case in which a wife sought to set aside a prenuptial agreement.

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SUCCESSFUL BLACK MEN DON’T MARRY

Succesful black men don't marry

Today many successful African American men refuse to get married. The general reason they refuse to get married is the fear of a divorce and the huge financial negative implications of getting divorced. Many professional athletes, actors and successful businessmen are avoiding marriage. Jamie Fox and Sean Combes are two successful black entrepreneurs who excelled in a variety of different enterprises and have chosen not to marry. When a successful man who is not married has a child he is obligated to pay child support. However, in community property States such as California should he divorce he would lose half of his assets. In States like New York that have equitable distribution laws he would be responsible for distributing a portion of the assets that accumulated during the course of his marriage as well as potentially paying spousal maintenance in addition to child support. It seems a greater percentage of successful black men avoid marriage than men from other racial groups. That is not to say all successful black men do not marry.

CONCLUSION

Attorney Elliot Schlissel

Successful black men seem to preserve their wealth and avoid being shook down in divorces for money their successes bought them by avoiding marriage, having children out of wedlock and moving on when the situation is played out.

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Video: Who Gets the House When There Are Young Children?

In this video Elliot addresses the topic of who gets the house after a divorce when there are young children involved.