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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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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dutchess county high-asset divorce

The importance of a post-nup within high-asset divorce

The importance of a post-nup within high-asset divorce

For New York couples who enjoy a high level of wealth, protecting that wealth becomes a priority. In the case of divorce, both sides seek to retain a level of financial security. One of the best ways to ensure that a divorce proceeds fairly and with few surprises is to draft a post-nuptial agreement. These contracts can outline the manner in which assets would be divided in the event of a divorce.

dutchess county high-asset divorceOne high-profile example of the need for a post-nuptial agreement lies in the recently settled divorce between former governor Eliot Spitzer and his wife, Silda. The couple was the center of a great deal of media attention in 2008, when it was revealed that Spitzer was a client within a high-dollar prostitution ring. At that time, Silda stood by his side as he announced his resignation as governor. Despite that show of support, the couple filed for divorce in early 2014.

Details released state that Silda will receive a payment of $7.5 million within the divorce settlement. In addition, she will be paid spousal support in the amount of $240,000 per year, to continue unless she remarries or predeceases her husband. She will also retain the family home, and will be given $100,000 per year to support the charitable organizations of her choosing.

The couple had a postnuptial agreement in place, which likely guided much of the settlement details. There is no information available as to the specifics of that agreement. It is also unknown if the postnup was drafted prior to the governor’s indiscretions in 2008. However, these legal contracts can be drafted in such a way as to spell out various property division strategies for different scenarios. For example, spouses can agree to one amount if the marriage ends by mutual agreement, and another if infidelity is the cause of the split.

A post-nuptial agreement is a powerful tool for high-asset families. It can give a spouse who holds a lower earning capacity the ability to retain financial stability if a divorce takes place. It can also serve to protect the primary breadwinner from unfair financial losses due to the property division process. New York spouses who wish to learn more should research the matter in detail to discover if a postnup is a good fit for their financial planning needs.

Source: The Huffington Post, “Eliot Spitzer To Pay Ex-Wife Silda Millions In Divorce Settlement“, Brittany Wong, April 28, 2014


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Serino, MacKay & Berube PLLC

12 Walker Rd.

Poughkeepsie, NY 12603

Phone: 845-462-0001

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