Author Archives: Jay Butchko
Appeals Court Decides Complicated Case Involving Religious Invalidation of Marriage
In the case of T.I. v. R.I., the court was called upon to determine if the parties’ marriage was recognized in the State of New York even though the parties never obtained a civil marriage license. To make matters more complicated, a religious tribunal annulled the religious marriage at the request of the husband… Read More »
How Does Adultery Affect the Divorce Process in New York State?
Any individual who is seeking a divorce in New York State must explain to the court the reason for their marriage’s dissolution. In New York, infidelity or adultery can be grounds for divorce. If your spouse has been unfaithful, and you want to divorce them, you should discuss the infidelity with your attorney. A… Read More »
Understanding Domestic Relations Law § 170
Divorce is the process by which a marriage is terminated. Since marriage is a legal relationship, when a couple decides they no longer want to stay married, one or both parties must file paperwork with the Supreme Court of New York asking that it grant the divorce. The legal process for ending a marriage… Read More »
Can I Modify My Child Support Order in New York?
Yes, but there is a caveat. In New York State, either the custodial parent or the non-custodial parent can petition the Family Court for a modification of child support. In either case, there are two facts that the petitioner must establish. First, the petitioner must show that there has been a substantial change in… Read More »
Defendant Contends That Divorce Parties Never Had an Actual Marriage
In the case of Joseph v. Singh, the defendant contended that the Supreme Court had no authority to enter a judgment of divorce and should have dismissed the complaint because the parties never entered into a valid marriage with one another. The trial court rejected this argument, and entered a judgment of divorce. The… Read More »
Appeals Court Vacates Custody Judgment After Attorney Withdraws from the Case
In the case of Brandel v. Brandel, the parties were married in 2008 and had one child together who was born in 2012. The plaintiff initiated a divorce in April 2015, seeking sole custody of the couple’s child. During a family court proceeding in May 2015, the parties agreed to a resolution in court…. Read More »
Appeals Court Considers Equitable Distribution of Marital Lumber Sale
New York is an equitable distribution state. That means that assets are not necessarily divided equally, but rather, according to what is equitable to both parties. In determining what is equitable, the court will consider a number of matters including the relative earning power of both parties pursuant to a divorce. If one party… Read More »
Former Husband Forced to Pay More Child Support After Moving Out of the Family Home
In the case of Fasano v. Fasano, the parties were married in 1993 and had two children together. On October 25, 2012, the parties entered into a stipulation of settlement regarding a prior divorce action. The stipulation provided that, using the Child Support Standards Act (CSSA) calculation, the defendant’s monthly child support obligation would… Read More »
Did the Trial Court Err When Failing to Grant Wife “Cruel and Inhuman Treatment”?
In one case emerging from the Second Court of Appeals, Szablyar v. Zuralau, the parties were married in January 2009. In the original complaint, the plaintiff stated grounds for divorce as cruel and inhuman treatment pursuant to Domestic Violence Relations Law § 170(1). Later, however, both parties stipulated that the grounds for this particular… Read More »
“Bifurcated” Divorce Highlights Issues Related to Equitable Distribution
In a divorce case surfacing from the Second District Court of Appeals, New York, the parties were married in Queens County in 1982 shortly after purchasing real property in Rego Park. The plaintiff commenced an action for divorce in 2007, but her action was dismissed for failure to comply with specific deadlines. The plaintiff… Read More »