Notice of Divorce Through Facebook

father's rights lawyersSupreme Court Justice Matthew Cooper, sitting in New York County, was faced with a dilemma concerning serving a man with notice of his divorce. The wife in this case brought a proceeding to serve her husband with divorce papers by giving him notice on Facebook. She claimed there was no other viable means to serve him. He did not have an address and he was unemployed.

Justice Cooper noted this was a case of first impression. His research indicated federal courts had, on several occasions, allowed service of process through the social media website, Facebook. However, the federal courts had also conditioned this upon service by an alternate method too.

Wife Unable to Serve Husband Through Other Means

Justice Cooper found the wife had submitted evidence she was unable to personally serve the husband after using due diligence. His whereabouts were unknown and it was impractical to serve the husband by any other method.

Breaking New Legal Ground

Justice Cooper stated this method of service of legal documents represented a “radical departure from the traditional notion of what constitutes service of process.” He found the wife had demonstrated the husband had regularly logged onto his Facebook account. He also found the wife had access to the husband by text messaging him. Justice Cooper granted the wife’s application to allow her attorney to serve the husband by notifying him on Facebook that he was effectuating legal service of process upon him. The attorney had to do this repeatedly for several weeks, or until acknowledged by the husband that it was received.

Conclusion

In the past, if you couldn’t be found, you couldn’t be sued for divorce. After this decision, even if you are hiding out and can’t be found, should you go on your Facebook account you can still be served in a divorce lawsuit.

father's rights advocate in New YorkElliot S. Schlissel is a father’s rights lawyer. He represents fathers in divorces, custody cases, child support proceedings and all other family related matters.

Challenging Unfair Orders of Protection

father's rights attorney Long IslandA woman can simply go into court, make a presentation, and under certain circumstances, obtain an Order of Protection against you. You may find out about the Order of Protection when you get served by a sheriff with the order. So, what do you do? What you shouldn’t do, is violate the terms of that Order of Protection. Even if you feel it is based on false, inaccurate, or even made up allegations, you would be committing a criminal act if you were to violate an Order of Protection.

Taking Quick Action

Temporary Orders of Protection can be set aside if quick legal action is taken. In the event the accusations made against you are untrue, or there is insufficient evidence to support the allegations, you can be successful in setting aside Orders of Protection. In certain circumstances you may be able to show you were not even present when the alleged event took place. Alibi witnesses can be utilized in these situations to convince the court you were not involved in the alleged incident.

You can also show the court the purpose of the Orders of Protection did not relate to the individual taking the order out against you fearing for her life, health, or well being. You may be able to show the other party’s application for the Order of Protection was part of a legal strategy involved in either a custody or divorce case. Sometimes, Orders of Protection are preliminarily taken out to get a step up on the other individual in these types of proceedings.

Fighting Orders of Protection

The best way to fight an Order of Protection is to hire a qualified, experienced attorney who handles divorce and family law cases. Attorneys who do this type of legal work are generally familiar with litigating issues involving Orders of Protection. At the time you interview a prospective attorney regarding an Order of Protection, you should discuss with him or her the level of experience they have in handling these types of proceedings.

Order of Protection proceedings can be brought either in the Family Court or in the Supreme Court during the course of a marital dispute. The sooner you contact a qualified Order of Protection defense lawyer, the more likely you will be able to succeed in getting it dismissed. father's rights advocate in New York

Attorney for the Child

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Elliot S. Schlissel is a father’s rights attorney.  He represents fathers in custody litigation, child support litigation, and issues involving visitation rights and parenting time.  He and his associates can be reached for consultation at 516-561-6645, 718-350-2802 or by email to schlissel.law@att.net.

Improper Accusations of Child Abuse

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Elliot S. Schlissel is a father’s rights attorney.  Elliot has been representing parents in child custody, CPS and ACS investigations and other family matters for more than 35 years.  He and his associates can be reached for consultation at 516-561-6645, 718-350-2802 or by email to schlissel.law@att.net.  The phones are monitored 24/7.

Murder, Not A Good Alternative To Divorce

divorce attorney on Long IslandKenneth Dearden, a Westchester Real Estate Developer, was shot in the head by his wife as he slept in his home. Kenneth claims his wife tried to kill him to avoid a difficult divorce.

On November 14, 2013, Kenneth Dearden woke up in terrible pain. He had received a gunshot wound to the base of his skull. It is theorized he only survived because the shooter used an antique Deringer which had been a gift to his wife from her parents.

Wife Had An Affair

Dearden has taken the position his wife had been having an affair since 2011 and her lover had put pressure on her to take action to end her marriage. Dearden’s lawyer stated “with plaintiff no longer in the picture, defendant could avoid a contentious divorce, keep the marital home and never admit the marital infidelity to any family or friends.”

Wife Charged With Attempted Murder

Emily Dearden has been charged with attempted murder. Her attorney has denied the allegations on her behalf. Ms. Dearden is currently free on $150,000 bail. She has been suspended from her position as a New York Police Department psychologist.

On the night of the shooting, Kenneth Dearden looked for his wife. He wanted her to take him to the hospital. She claimed she had been hit on the head. The house’s alarm system had been turned off. Initially Dearden thought he had been attacked by an intruder. When the police came to the Deardens’ home, Emily Dearden was laundering dirty clothes. She asked the police if they had a warrant. The police found a pair of Deringers and were able to determine one of the guns had been fired. Unfortunately, the bullet taken from Kenneth Dearden’s skull was too damaged for a ballistics match.

Conclusion

Divorces may be messy and painful, but not as painful as a long term jail sentence!

Elliot S. Schlissel is a father’s rights lawyer representing fathers in all aspects of matrimonial and family law. father's rights divorce lawyer in New York

Appeals Court Upholds Ruling That Wife Pay Husband’s Legal Fees In Divorce Case

father's rights attorneys in Metropolitan New YorkThe Appellate Division of the First Department, an appeals court, recently affirmed a lower court’s ruling in a divorce lawsuit which ordered the wife to pay $750,000 into an escrow account to cover her husband’s legal fees in their divorce lawsuit. In addition, the appellate court also upheld the lower court’s ruling fining the wife $15,000 for frivolous conduct with regard to filing a jurisdictional challenge to the authority of the courts in New York more than two and a half years after the litigation started.

Lower Court’s Decision

The lower court had found the defendant wife, Guni Murjani, had “unnecessarily delayed discovery and removed the parties’ art collection.” In addition, the court found she had “controlled the parties’ liquid assets.” As a result of these actions, the lower court found she should sell or take other action with regard to her property to fund the husband’s $750,000 legal fees. The court also found the wife should be enjoined (stopped) from taking further action with regard to a suit filed in Bombay, India, which was designed to block her husband’s divorce action in the State of New York.

Channel Islands Trust

The husband and wife were the beneficiaries a Channel Islands Trust. This trust had value of between 40 and 60 million dollars. It had been established by Mohan Murjani, a Hong Kong garment industry entrepreneur. The proceeds of this trust were the principal source of income for the family. Unfortunately, Channel Islands laws keep secret all information regarding trusts. As part of the lower court decision, Judge Drager ordered Guni Murjani to ask the Royal Courts in the Channel Islands make the files concerning the trusts available to the judge.

divorce lawyer on Long IslandElliot S. Schlissel is a divorce lawyer representing clients throughout the Metropolitan New York area.

Father Has Children Returned to Israel

father's rights lawyers in New YorkJudge Douglas Hoffman, sitting in a Family Court Part in New York County, recently had a case before him involving an international custody problem which needed to be determined pursuant to the Hague Convention regarding international child custody issues.  The United States is a signatory to this convention.  This convention is considered a treaty which has the same enforcement ability as a federal law.

The father took the position in this case the mother had wrongfully kept the children in New York. He argued before the court the children should be returned to their country of habitual residence, Israel.

The parties had entered into a divorce settlement agreement. The agreement was detailed and had specific clauses involving parenting time. The agreement provided the mother would have primary residential custody of the children.

Mother Comes to New York

The mother had contacted the father. They had worked out an agreement where the children would come to New York to live with her for a period of one year. She requested the children come with her to New York so she could continue her education in New York.

The father took the position, after the year expired, the mother refused to return the children to Israel. He claimed this action violated the terms of the Hague Convention. The mother took the position the children were now established in New York and they should therefore remain in New York. Judge Hoffman noted in his decision, although the children were comfortable living in New York, they had no objections to returning to Israel. Judge Hoffman found the father had established a prima facie case regarding the wrongful retention of the children in the State of New York. The judge found the father’s testimony was believable while the mother’s testimony, that the father had agreed to allow the children to spend a second year in New York, was not credible.

Judge Hoffman in his decision found the mother’s keeping the children in New York impaired and prejudiced the father’s rights to see his children which was in violation of the parties’ settlement agreement which was incorporated by reference into their 2007 divorce. The judge therefore ordered the mother immediately return the children to Israel.father's rights advocate in custody cases

Father Overpays Child Support and Receives a Credit

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Elliot S. Schlissel is a father’s rights attorney.  He can be reached at 516-561-6645, 718-350-2802 or by email to schlissel.law@att.net.

Rights for Stay at Home Husbands

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Elliot S. Schlissel is a father’s rights attorney.  He can be reached by telephone at 516-561-6645, 718-350-2802, or by email to schlissel.law@att.net.

How Does Social Media Affect Divorces?

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Elliot S. Schlissel is a father’s rights attorney.  He can be reached at 516-561-6645 or 718-350-2802.