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Does It Matter Which Spouse Files First For A Divorce? - New York Law

Roberta Feldman talks to us about filing for divorce

Roberta K. Feldman 0 7809 Article rating: 4.4
I am often asked does it matter which spouse files first for a divorce?  And the answer is very simply No. We have no-fault divorce in New York and if your spouse serves you first, you have the opportunity to file a counter-claim and in that counter-claim, you ask for the relief that you are seeking and with the help of your attorney, I would advise you to always file that counter-claim. It provides protection in the event that for some reason your spouse decides to withdraw the action, you can still go forward if that is what you want. 

Make sure your aging parent’s power of attorney is up to date.

If your parents’ POA predates 2010, it is time that they sign a new one!

George H. Gray 0 4376 Article rating: No rating

Power of AttorneyA power of attorney (a “POA”) is widely used for financial and estate planning purposes and for avoiding the expense of guardianship in the event incapacity of the person granting the power (called a “principal”). The POA grants to another person (called an “agent”) broad authority to access the principal’s personal financial information; to sell or dispose of the principal’s property; to change ownership of the principal’s accounts and property; and to change beneficiary designations on life insurance and retirement accounts.

Landmark case from New York’s highest court expands definition of what it means to be a parent.

The Court held that a “non-biological, non-adoptive parent” has standing to petition for custody and visitation.

Roberta K. Feldman 0 4987 Article rating: No rating

NY's Highest Court Redefines ParentThe Court of Appeals issued a ruling on August 30, 2016 entitled In the Matter of Brooke S.B. vs. Elizabeth A. C.C. (28 NY3d 1, 2016 NY Slip Op. 05903) which overturned the case of Matter of Alison D. v. Virginia M. (77NY2d 651, 572 NE2d 27, 569 NYS2d 586) decided in 1991. In Matter of Alison D., the Court of Appeals held that in an unmarried couple, a partner without a biological or adoptive relation to a child is not the child’s “parent” for purposes of standing to seek custody or visitation under New York law.

Top Five Actions Needed to Protect the Future of an Aging Parent.

It is inevitable that in the life cycle of every family children will be called upon to assist parents to manage their affairs.

George H. Gray 0 2804 Article rating: No rating
5 Things you need to know to protect your aging parentsIt is inevitable that in the life cycle of every family children will be called upon to assist parents to manage their affairs. Whether it is diminished physical mobility or diminished mental capacity, most often children are called upon (willingly or otherwise) to become involved with the life of their parents. Typically it is chores and errands! 

New York’s Fiduciary Access to Digital Assets Act

George H. Gray 0 7890 Article rating: No rating
On September 29, 2016, a bill was signed into law by Governor Cuomo adding Article 13-A to the New York Estates Powers and Trust Law (the “EPTL”). This legislation is the New York version of the “Uniform Fiduciary Access to Digital Assets Act” (the “Act”) which nineteen (19) other states have also enacted into law.

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