Poughkeepsie divorce attorneys and New York state divorce law explained

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Poughkeepsie divorce attorneys and New York state divorce law explained

Poughkeepsie divorce attorneys and New York state divorce law explained

Poughkeepsie divorce attorneys and New York state divorce law explained

Divorce is the final, legal ending of a marriage by court order. If you have a divorce case in court, you may hear lawyers and court staff call it a matrimonial action. A divorce in New York is also referred to as a Matrimonial Action. The individual bringing the action is identified as the plaintiff (claimant), and the other spouse is identified as the defendant.

New York has laws that limit how you can obtain a divorce, that apply in a Poughkeepsie divorce case too. There are at this time seven arguments (grounds) you can bring into play to get a divorce in Poughkeepsie.  The divorce ruling will comprise orders about marital property and marital debts, as well as custody, visitation, child support and spousal support.

How to get a Divorce?

The Supreme Court of the State of New York is the only court that handles divorce cases, and a Supreme Court judge is the only person who can legally grant a divorce. A New York court can only decide a divorce case if at least one of the spouses is a New Yorker. In most cases, one of the spouses must have lived in New York for at least one year before trying to get a divorce.

If living in the Dutchess County area, you should go to the Dutchess Supreme and County Court, remember, you cannot get a divorce in Family Court, but you can go to your local Family Court for help with child support, child custody, child visitation, spousal maintenance, and paternity.

What are the 7 grounds for divorce in Poughkeepsie, NY ?

Same as allover the NY State the 7 grounds for divorce in Poughkeepsie, NY and in the Dutchess County area are

  • Irretrievable Breakdown
  • Cruel and inhuman treatment
  • Abandonment
  • Imprisonment
  • Adultery
  • Judgment of Separation
  • Separation Agreement

 

This will be clearly explained in one of our future blogposts, or if you are in need of urgent advice you can contact or get directions for the SMANDB Poughkeepsie Divorce Attorneys HERE

Poughkeepsie divorce law


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Kevin MacKay Poughkeepsie matrimonial attorney

Kevin MacKay, Poughkeepsie matrimonial attorney

Kevin MacKay of Poughkeepsie law firm Serino, MacKay and Berube can help you with your divorce or any family law issues. Throughout my years of practicing as a Poughkeepsie matrimonial attorney I have met people of all types, from the confident well informed client who arrives in my Poughkeepsie office having researched all aspects of the law, has a alphabetized three ring binder of all the parties financials and a thought out plan as to a resolution to the marital issues that arise in divorce actions to the client who has been abused, kept in the dark as to finances and afraid and uncertain about commencing a divorce action out of fear of their abuser. While both clients can be pleasurable to represent, there is a significant satisfaction to help someone who has been either physically or mentally abused and living in fear to finally escape from the prison they have been residing. Seeing clients a year later come in and hug my staff because they found a new life at the end of the tunnel makes us all at the Poughkeepsie law offices of Serino, MacKay and Berube proud about what we do.

Do you find yourself being the client who out of fear will not make that first step? I urge you to contact me to set up a free consultation. I have represented many individuals in your situation and together we have taken that first step. I will take the time to discuss your options and explain the resources available to you and your children. Despite the threats that your abuser makes in an attempt to maintain control, many of which are empty and deceptive, you have the power and the choice to take your life back. If you are living in the Poughkeepsie area and are looking for a divorce attorney please remember that experience matters and I am here to help you.

Poughkeepsie matrimonial attorney contact


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smandb lawyer in Dutchess county - divorce and the right of election

Divorce and The Right of Election

I have come across more divorces that have involved couples who have lived apart for decades. Many of these individuals come to me and ask what happens if I do not file for divorce, can I will my children everything I have?

Under New York state law, whether a spouse dies with or without a will, a spouse is entitled to the elective share of his or her spouse’s estate. This elective is one-third of the spouse’s assets!

The assets included in the elective share are all items that pass through a will. It also includes, pursuant to New York Estates Power and Trust Law Section 5-1.1.d, “testamentary substitutes…which include gifts causa mortis or within one year of death, Totten trusts, joint accounts, revocable transfers, or transfers with a retained income interest, many retirement accounts and property owned by a decedent and payable on his death to someone other than the surviving spouse for his estate.”

The right of election gives the surviving spouse the choice between accepting what he or she received in a will or under intestacy, or the greater of $50,000 or one-third of the estate. Needless to say, if you are a spouse who has been living separate from your husband or wife and have assets sitting back and doing nothing can be harmful to your intentions for your estate after you pass.

A divorce in New York will terminate the right of election and protect your right to transfer your estate the way you wish.

If you are in the Poughkeepsie, NY are and are seeking a divorce lawyer in Dutchess county. Please contact Serino, MacKay, and Berube law for your free consultation.


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Handling Poughkeepsie divorce and matrimonial cases for 24 years

The practice of law is an ever changing landscape in the Hudson Valley

I have been handling Poughkeepsie divorce and matrimonial cases for 24 years and both the laws and how the bar handles Poughkeepsie divorces have drastically changed in just two decades. When I first started practice it was rare that a father would ever be granted custody. There was a preference for the mother to be granted primary custody based on old beliefs that it was in the best interest of a child to be nurtured by their mother. These beliefs had evaporated in psychology over twenty years ago and it was understood that substantial contact with both parents was in the best interest of a child’s development and not just substantial contact with the mother.

Courts are creatures of precedent and it has taken time for the Courts to evolve and catch up with the psychology of today and let go of the erroneous advice of the past. It is important for a Poughkeepsie matrimonial attorney not only to understand the Courts but to read  and understand the psychology of children in divorces and divided families. This understanding can be used to assist Poughkeepsie families in making the best choices for their children. How does an infant bond with a mother and father? What is the importance of breast feeding? When is it best to transition to an overnight schedule? Not all Courts will see the answer to these questions in the same way and reading and understanding the most updated advice from doctors in this area is crucial knowledge for a Poughkeepsie attorney in assisting clients.

Practicing law is more than just reading the law and appearing in Court. It is having the knowledge and life experience to assist the client and bring intelligent knowledge based arguments to support your client’s position in the Court room. Experience and knowledge matters and will make a difference in any case.

Handling Poughkeepsie divorce and matrimonial cases

Handling Poughkeepsie divorce and matrimonial cases for 24 years


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Office Location

Serino, MacKay & Berube PLLC

12 Walker Rd.

Poughkeepsie, NY 12603

Phone: 845-462-0001

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