Covid-19, courts backed up and uncontested divorces

Covid-19, courts backed up and uncontested divorces

For more then a year, Poughkeepsie residents along with every other US person have struggled with closed businesses and schools and restrictions. But for those charged with criminal offenses or with various other legal issues that need a court resolution, Covid-19 has put their lives on hold.

Court systems across New York have changed their operations in response to the coronavirus epidemic. Many courts initially limited proceedings to only the most essential and urgent matters, such as arraignments and restraining order hearings.

Nowadays, most matters are continuing to be held virtually, but courts are beginning a gradual process of resuming in-person operations on a limited basis throughout the state.

Delays and backlogs in criminal and civil cases have spread throughout New York’s court system. All these delays mean that many people across the state are staying behind bars for longer, waiting for lawsuits to settle, fighting for child and spousal support, battling criminal charges and, generally, struggling to get justice.

At the Law office of Kevin M MacKay an Expert lawyer team is able to help guide you through these times, based on important lessons learned in the past year.

If you live in the Hudson Valley area and you are dealing with a divorce in these already challenged times, you can find a team who understands your needs and can give you advice and support to go thru this specially when dealing with an uncontested divorce.

Even during the COVID-19 Pandemic, the “no-fault” divorce has three statutory elements which the petitioner has the burden to establish the existence of when proving up the case in a Court:

1 establish that the marriage has become insupportable because of discord or conflict.

2 prove that the discord or conflict destroys the legitimate ends of the marriage.

3prove that there is no reasonable expectation of reconciliation.

The parties seeking divorce will be able to finalize their divorce based on an affidavit of facts to finalize their divorce without appearing in a divorce court.

Enlist the aid of experts to help you create the best possible settlement for yourself regardless of the outcome of the uncertainty. At Kevin M. MacKay Law Office clients that are still drafting and filing divorce paperwork, prenuptial agreements, separation agreements and custody agreements have the possibility of free telephone consultations.

Local experience really matters

At the Law Office of Kevin MacKay we represent our clients in serious legal matters in the Hudson Valley court system; from Ulster County to Dutchess county we truly are the local law firm you are searching for. When you sit at your computer and begin your search for a local attorney near you; it is important to pay attention to where your potential lawyer’s office is actually located. There are many lawyers from miles or states away. This can create serious issues for your case when courts are back in session and your lawyer may have to travel many miles or even hours to represent you in multiple hearings.  At the Law Office of Kevin MacKay we bring over 25 years of experience working in the local Dutchess County and Ulster County court systems. We bring a level of knowledge and experience that an out of town lawyer simply will not offer; local laws very from larger cities and this can also pose a problem for your case. In conclusion as you begin your search please keep in mind that Experience Matters and local experience really matters. This can be an invaluable addition to the outcome of your Dutchess County divorce, child custody or matrimonial.

Ending a marriage in the era of Covid-19

Ending a marriage in the era of Covid-19

The Law Office of Kevin MacKay in Poughkeepsie, NY will help you navigate through the most complex divorce, custody, child support and family law situations. Not filing for your divorce in Dutchess County family court in a timely matter can have serious legal consequences. Ending a marriage in the era of Covid-19 can be extra stressful. I always suggest and work with my clients to create a team around them of family, friends and even advise individual counseling to help a client cope. Working from home, home schooling, job losses, insurance coverage are all new factors creating new challenges amongst married couples. 
Ending a marriage in the era of Covid-19
Don’t be afraid of moving forward? For many people now is the time to start thinking about separation and learning your options. Please schedule a free consultation today. Our staff are extremely knowledgeable and understanding of each client’s unique scenario. We will discuss all of your concerns and together will create a road map to help you move forward in your Dutchess County, NY divorce. If you are living in the Hudson Valley or Poughkeepsie area please consult with me I bring over 25 years of trial experience to your case and together we will help you move forward.
Excellent services
Donna
Kevin Mackay is an awesome and caring person. He took the time to listen to my needs and helped me through a very difficult situation. He gave of his time and provided better service than I ever expected. His paralegal Tammy is Awesome as well. Incredible staff, service and kindness is what this firm is all about.







Focused
by Ron 

Mark Serino has represented my family in many real estate and business transactions over the years. I must say his eye for detail and focus has saved me a lot of money. Mark's father was my fathers lawyer and I am pleased to keep the tradition going and so will my children. Just a great guy!
Great Lawyer
by Cathy
Mark Serino has represented my family for years. He set up my parents will and also represented many of my family members for the closings of their homes. Mark is always available and really loves his work and that shows. I would like him as a super lawyer!
Supportive/Gets the job done


 by Lisa 

Kevin helped me with my divorce. Most recently he represented me in family court when my ex was refusing to follow portions of our divorce agreement. It went better than expected. I'm happy with the outcome and my ex has changed his tune. Definitely felt better having him with me then going it alone.
Top Notch Lawyer





by Brandie 

Kevin was extremely attentive to my case and always paid attention to detail. All calls were returned immediately and the entire office staff was always helpful and courteous. My case was family court related and he is extremely knowledgeable in this area. I would recommend him to anyone who is looking for a great lawyer.







Top quality representation


 
by Myra 

Kevin Mackay is the consummate professional, with every angle of every legal issue covered and completely prepared for. His assistance with my divorce and subsequent family court appearances was priceless--I don't know how I would've gotten through it all without his expertise. 
I highly recommend Mr. Mackay's legal services.







Very knowledgeable
by Brittanie
Kevin was my divorce lawyer. He was straight to the point and explained everything. He was also fair to both parties. Kevin is very knowledgeable about family law and the divorce process. He made let me know what to expect and kept me informed. I would highly recommend Kevin
Wonderful and supportive
by Amrita
Kevin MacKay was wonderful and supportive every step of the way. I knew I was in good hands and felt informed and secure throughout the entire process. I recommend him to anyone that needs an attorney for family law.
Wonderful experience

by Jennifer
Kevin Mackay and his Assistant Tammy have been fantastic to work with. I have been so pleased with their attention and professionalism during this difficult process . Words can't express my gratitude to Kevin. He has been very straight forward and knowledgeable. The comfort it brought me to know I was in very capable hands is priceless.

Contact a Divorce Lawyer in Hudson Valley

Most of us marry intending to stay that way for the rest of our lives. As you know, this doesn’t always mean much, as the divorce rates are rather high. Though there are some that just don’t take marriage seriously, others really try and they end up with a relationship that simply cannot be saved. We know how important family is for our clients.

If you have tried all that you can, and you find that you still can’t stay, you should find a great source for divorce advice. Our divorce lawyer aims to provide legal assistance and representation in family law disputes and tries to find the best solution for you and those you mostly care about.

Why is not a good idea to start a divorce case without a lawyer?

Why it’s not a good idea to start a divorce without a lawyer

A divorce case in Hudson Valley area or in the New York State in general can be fairly simple if both the husband and the wife want to get divorced and they do not have any disagreements about their finances or children. If they have children together, the parents may already have a Family
Court order(s) that decides who has custody and/or visitation and who pays child support. If they also do not have money, property or debt to divide, they may be able to get divorced in less than a year’s time and without hiring
lawyers. People call this kind of case an “uncontested” divorce.

It’s not a good idea to try to start a divorce case without a lawyer.

This is because you must provide a lot of information to the court on many different forms and because there are many things involved in ending most marriages. New York divorce laws are put in place for both the Plaintiff and the Defendant to receive a fair divorce. Hiring a family attorney or mediator in your area is the best way to ensure that this happens.

An experienced attorney will make sure your rights are protected and make sure at the same time that you are not taken advantage of by your ex-partner and her/his attorney.

Divorce lawyers come in all shapes, sizes & colors.  When choosing the right Poughkeepsie divorce attorney for you, make sure you ask the right questions.

You can begin to put your difficult legal matters behind you by scheduling a free initial consultation at our law offices, with one of our seasoned lawyers. We can be reached online or by telephone at 845-462-0001. We welcome your call.

Interaction between Family Court and Criminal Court

With a practice in both Poughkeepsie criminal law and matrimonial law there is often overlap in the two areas which often revolves around allegation of domestic violence or substance abuse.  It is important to have an Dutchess County attorney who understands the interaction between both the Poughkeepsie Family court and the Criminal court.  I will limit this blog to orders of protection.

            Orders of protection:  Both the family court and the criminal court have the authority to issue what is commonly referred to as the order of protection.  This order will limit a person’s ability to be near the named person or persons, take their firearms and comes with various restrictions.   When a family member is the person requesting the order this often happens in both family court and criminal court on the same allegation.  This will often result in two orders of protection.

            Confusion arises when one court removes some of the restrictions and the other court does not.  I find client’s often may think that because the one court lifted the restrictions the other court’s restrictions will be automatically lifted.  THIS IS NOT THE CASE!!!  In order to modify the restrictions it is necessary to have both Court’s modify their orders.  One method I use to assure that this happens is to make sure in a case where the two courts are involved is to have the Criminal court with the consent of the Judge have a provision in their order which allows it to follow the family court order so that the it basically will allow the family court order of protection to be the primary order.  It is still two separate orders, but should family court allow for more contact then the criminal order will automatically do so as well.  Understanding this interaction is essential to practicing in both courts and avoiding a client’s arrest for contempt of court.

         This brief paragraph above explains just a small aspect of the interactions between Poughkeepsie family court and Dutchess County criminal court.  When you find yourself in both courts at the same time it is essential that you have a highly experienced Poughkeepsie attorney in both criminal law and family law, your freedom is at stake.

How long how much Poughkeepsie Divorce Attorney Kevin MacKay

How long & how much: Poughkeepsie Divorce Attorney Kevin MacKay

How long & how much: Poughkeepsie Divorce Attorney Kevin MacKay
Over the course of decades, there is one question that every single Dutchess County client asks. How much will this cost & how long is it going to take. Like any good divorce attorney, the answer is it depends on the case.
All humor aside, the cost and time of a Poughkeepsie divorce depends on the complexity of issues, and the willingness of attorney’s to settle unresolved issues. The least expensive divorce I have ever handled was only “$500.00” in attorney’s fees and the attorneys were done in 2 weeks. Other divorces have taken years and 10’s of thousands of dollars. I pride myself in keeping my bills as low as possible. This is done by spending time to get to know my clients, the issues most important to them, and coming up with a strategy to achieve their goals early in the case.
I also make it a point to explain the costs of obtaining each goal. I use the analogy of the golden toaster. You can hire me to argue over a toaster oven but always keep in mind that for the cost of a attorney you could not have argued and bought a golden toaster oven. This story I tell to every client not because every goal they want to obtain is not important to me, but from the experience that a client obtain all their goals and end up with nothing.
How much & how long again depends how well we balance those goals to your financial advantage.

Choosing your Poughkeepsie Divorce Attorney

Choosing your Poughkeepsie Divorce Attorney

Choosing your Poughkeepsie Divorce Attorney:

Like people in life, divorce attorney’s come in all shapes, sizes & colors.  When choosing the right Poughkeepsie divorce attorney for you, make sure you ask the right questions. As I have written in a previous blog the first & foremost question in choosing your Poughkeepsie divorce or child custody attorney is……

What is my experience? While many clients are referred to me by other clients. I am still shocked to this day that 95% of all clients never ask that question.

Of equal importance after you have spent an hour getting to know a lawyer during the initial consultation, the next intelligent question, unless this is the only lawyer in a one room office, “Are you the attorney that will handle my entire file?”

When you consult with a brain surgeon you expect the brain surgeon to perform the surgery. When you go to get a quick oil change it may not be important who changes your oil. The lawyer /client relationship should be treated like brain surgery and not like an oil change.

The Dutchess county lawyer that did the consult should be the lawyer that handles the case. Unless you made an informed decision to do otherwise.  I look forward to our consult and personally working with you through your entire case.  For more information on Dutchess County divorce lawyers please contact our office or online at Poughkeepsie Lawyers website

dutchess county best Divorce Attorney

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

Poughkeepsie Divorce & Child Custody Lawyers

Poughkeepsie Divorce & Child Custody Lawyers

Poughkeepsie Divorce & Child Custody Lawyers

“Oh my God I am going to lose my kids”

Going back to the 1960’s, 1970’s and 1980’s the court did follow a theory that it was in the best interest of the children to be with their Mother. Through the 1990’s and early 2000’s there has been a shift in courts away from this misplaced theory to understand that it is in the best interest of children to have a substantial and meaningful relationship with both parents. I have often consulted with distraught clients who are either divorced or breaking up with significant other who exclaim “Men are never going to get a fair day in court” and feel they will never see their kids again

Having won custody and substantial visitation rights for many of my male clients, I can tell you this is no longer the case. If you have the time to spend with your children, in the majority of the cases I will be able to draft a custodial access schedule to meet the needs of the children to spend the quality time they want with their father.

Father’s do not give up on your children just because you think you can’t win.

Please call me for a free consultation to discuss the exact details of your case.