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What is an annulment?

An annulment is granted when a marriage is voidable or void from the beginning, that is to say, there was a defect at the time the parties entered into the marriage, enabling the court to render it invalid. Grounds for annulment are as follows: 

Fraud: It may be annulled where the consent was obtained by fraud, provided the fraud was such that it would have deceived an ordinarily prudent person and was material to obtaining the other party’s consent. The fraud must be such as to go to the essence of the marriage contract. Only the injured spouse, his or her parent or relative with an interest to avoid the marriage can obtain the annulment on this ground. Fraud claims include, but are not limited to: misrepresenting one’s religious denomination or the intensity with which one practices; concealing one’s inability to procreate, secretly carrying a disease or genetic disorder that would increase the risk of procreation; coercing one’s husband into entering a marriage based on a false declaration of paternity; misrepresenting sexual proclivities; and physically being incapable of consummating the marriage. 

How to Get a Copy of the Death Certificate

A death certificate is a paper that records the official date and location of a person’s death.

The funeral director usually purchases several copies for your use.

In some cases, you might need a “certified” copy of the death certificate. A certified copy has the raised seal of the state and is good for legal purposes such as settling an estate or claiming insurance benefits.

Person Died in New York City

If the person died in New York City (Bronx, Brooklyn, Manhattan, Queens, and Staten Island), you can order a certified copy of the death certificate online or by mail from the Office of Vital Records. 

Person Died Outside of New York City

If the person died outside of New York City but in New York State, you can order a certified copy of the death certificate online or by mail from the New York State Department of Health.

Termination of Parental Rights Within New York Courts

WHO FILES A PETITION TO TERMINATE A PARENT’S RIGHTS? 

ACS or the foster care agency may in some circumstances file a petition asking the court to terminate (end) a parent’s legal rights to a child so that the child may be adopted. 

WHAT ARE A PARENT’S LEGAL RIGHTS? 

The rights that the child protective agency seeks to terminate include the parent’s right to custody, to raise the child, to make religious, educational, or medical decisions for the child, to visit with the child, to speak with the child, to contact the child, and to learn about the child. 

WHO MUST BE NOTIFIED ABOUT THE PETITION? 

The mother must be served with the petition and a summons. If the child’s parents are or were married, then the agency must also serve the father. 

What is adultery?

Bringing an action on the ground of adultery, especially if your spouse is going to contest it, is not a simple matter. The proof of adultery here is difficult. Generally, you are not permitted to testify against your spouse, and you must have a witness ready to convince the court that your mate did engage in sexual relations with another person. Adultery is usually proven by circumstantial evidence, that is, by showing that your spouse had the opportunity, inclination and intent to engage in sexual relations with the other person. 

In addition, there are four defenses to the charge of adultery, and if any of these are proven, the court will deny the divorce: 

1. “Procurement” or “connivance” — Procurement means that one spouse actively encouraged the other to commit adultery. Connivance is similar to “collusion” or “consent” by a spouse to the adultery.

What is “cruel and inhuman treatment”?

Cruel and inhuman treatment can involve either physical or mental cruelty. To be a reason for divorce, the treatment must have such a serious effect on the physical or mental health of the divorce-seeking spouse that it is not safe or proper for the parties to continue the marriage. 

Some examples of acts that courts have held to be cruel and inhuman treatment for divorce purposes include physical attacks upon a spouse; constant screaming, profanity or other verbal abuse; gambling away the household funds; staying away from the house too often without an explanation; going out with another man or woman; and wrongfully accusing the other spouse of adulterous relations with another man or woman. 

Alcoholism, by itself, usually is not a sufficient basis for divorce, unless your spouse becomes cruel or violent when intoxicated, so that you fear for your health and safety. 

No Fault Divorce in New York

What is “irretrievable breakdown of the marriage”?

An irretrievable breakdown of the marriage allows one spouse, unilaterally, to end a marriage and to do so without the agreement of the other spouse. However, the 2010 law provides that a court cannot grant a judgment of divorce unless and until the economic issues of the marriage are dealt with.

To prove the ground of irretrievable breakdown of the marriage the party seeking the divorce must demonstrate that:

  • the relationship between husband and wife has broken down irretrievably;
  • for a period of at least six months; 
  • provided that one spouse states this under oath; and 
  • proves that the “economic issues of equitable distribution of marital property, the payment or waiver of spousal support, the payment of child support, the payment of counsel and experts’ fees and expenses as well as the custody and visitation with the minor children of the marriage have been resolved by the parties, or determined by the court and incorporated into the judgment of divorce.”

For information on serve divorce papers visit www.undisputedlegal.com.  Open Monday – Friday 8am-8pm.  “When you want it done right the first time” contact undisputedlegal.com

What You Should Know About Background Checks

When making personnel decisions — including hiring, retention, promotion, and reassignment — employers sometimes want to consider the backgrounds of applicants and employees. For example, some employers might try to find out about the person’s work history, education, criminal record, financial history, medical history, or use of social media. Except for certain restrictions related to medical and genetic information (see below), it’s not illegal for an employer to ask questions about an applicant’s or employee’s background, or to require a background check.

However, any time you use an applicant’s or employee’s background information to make an employment decision, regardless of how you got the information, you must comply with federal laws that protect applicants and employees from discrimination. That includes discrimination based on race, color, national origin, sex, or religion; disability; genetic information (including family medical history); and age (40 or older). These laws are enforced by the Equal Employment Opportunity Commission (EEOC).

Rules, Laws And The Process of Guardianship

WHAT IS GUARDIANSHIP? 

A guardian is a person or an agency that the court gives authority to be responsible for a child’s care. The Family Court may grant guardianship of a child 18 years of age or younger, or of an 18-21 year old with the young person’s consent. Guardianship is similar to custody and to adoption: a person petitions to care for and be legally responsible for a child. 

An adult relative, family friend, or a child protective agency may petition the court to be appointed the child’s guardian. Guardianship is the most extensive power, short of adoption, that a court can give a non-parent. It is not a permanent relationship; it ends automatically when the child reaches 18 years of age (21 if the child consents) or when the child marries or dies. The child’s guardian can, among other things, obtain or consent to medical, educational, and mental health services; consent to marriage; consent to enlistment in the armed services; and consent to the inspection and release of confidential medical records. 

What is a Mechanics Lien?

A mechanics lien is a legal claim against, or security interest in, your property that, if unpaid, allows a foreclosure action, forcing the sale of your home to satisfy any project debts. The lien claim is  led in a county recorder’s or clerk-recorder’s office by an unpaid contractor, subcontractor, supplier, or worker.

The prime contractor has a direct, contractual agreement with the homeowner. If the contractor isn’t paid, he or she can sue on the contract and/or record a mechanics lien. But subcontractors, workers and suppliers don’t have a contract with the homeowner. A problem can occur when the homeowner pays the prime contractor for all or some of the work, but the prime contractor fails to pay the laborers, subcontractors, and materials suppliers that were hired to do portions of the job. If they are not paid, often their only recourse is to file a mechanics lien on the property.

For information on serving legal papers visit www.undisputedlegal.com.  Open Monday – Friday 8am-8pm.  “When you want it done right the first time” contact undisputedlegal.com.

How To Collect On A Money Judgement

 

In certain kinds of cases, you may be able to get the Debtor’s driver’s license or professional or business license suspended until the judgment is paid.

Here are some examples:

If your claim had to do with the Debtor’s car or how he or she drove a car, the Department of Motor Vehicles may suspend the Debtor’s driver’s license and car registration until your judgment is paid. The judgment must be for $1000 or more, and it must be unpaid for more than 15 days.

If your claim was about the Debtor’s licensed or certified business, notify the state or local licensing agency if the Debtor has not paid you. The agency may decide to revoke, suspend, or refuse to grant or renew a business license. It must be at least 35 days since the Debtor received notice of the judgment.

In a Small Claims Court case, if a Debtor has three or more unpaid recorded judgments including yours, but he or she has the ability to pay them, you may be able to sue the Debtor for three times more than your original judgment. This is called treble damages. Ask the Small Claims Court Clerk if the Debtor is listed in the Small Claims Court’s index of unsatisfied judgments.