Justice doesn’t sleep. We’re here to help.  We don’t need to have physical contact to get you the help you need.  We offer virtual assistance via live chat, email, text, phone and video conference.  Contact our experienced Buffalo divorce lawyers for legal help. 

Buffalo Divorce Lawyers

Experienced Divorce Attorneys in Buffalo, NY

Marriage is one of the most hallowed and revered institutions in our society. Yet, many marriages fail to survive and sometimes result in a divorce. Most statistics show that 40 to 50 percent of marriages in the US end in divorce. Because a marriage is a legal contract, you cannot end a marriage “outside” of the law. Because the law views a married couple as one legal entity, things can get especially complicated when trying to separate two individuals’ legal and property interests, and even more complicated when children are involved. Download Our Free Family Law Guide When couples aren’t in a great frame of mind for communicating, divorce proceedings could spiral into long and costly battles. Even if a divorce is amicable, it will involve complicated legal considerations and important decisions that will affect both parties for many years to come. The experienced divorce lawyers at Cole, Sorrentino, Hurley, Hewner, & Gambino, P.C., can help you no matter how friendly or hostile your situation might be. Are you and your spouse considering a legal separation or divorce? Are you seeking Buffalo divorce lawyers you can trust to guide you through what can be a stressful and emotional process? Let our Buffalo divorce lawyers help set your mind at ease. We’ll make sure that you feel at home with our helpful lawyers and support staff. Our clients appreciate our promise of experience, integrity, and personal service as we resolve divorce and family law issues. You should be able to go about the usual aspects of your life, free from worrying about contested issues and the cost of legal services. Contact our Buffalo divorce lawyers today. We have multiple offices in the Western New York area, including Buffalo, Cheektowaga, Hamburg, Batavia, and Niagara Falls. Choose the one most convenient for you and set up a consultation when it fits your schedule.

New York Legal Separation Lawyers — Experience, Integrity and Personal Service

One of our first duties to you is to clear up any misgivings or misconceptions you might be bringing to the separation and divorce process. Our goal is to explain the law to you and make a plan to achieve the best result possible, as quickly as possible. Before you move forward into the process, it might help to educate yourself about some of the basics of asset distribution, alimony, child custody, and child support. In the realm of family law, legal separation is a significant and often misunderstood concept. For couples in Amherst, New York, contemplating the future of their marriage, legal separation can be a viable alternative to divorce. This article will explore the pros and cons of legal separation, as well as provide a comprehensive overview of the process and requirements in Amherst, New York. Understanding Legal Separation Legal separation is a legal arrangement that allows married couples to live apart while still maintaining their marital status. It involves the division of assets, debts, and other responsibilities, similar to a divorce, but without officially terminating the marriage. In Amherst, New York, legal separation is governed by specific laws and regulations, and it is essential to understand the implications and benefits of this process before pursuing it. The Pros of Legal Separation

• Maintaining Marital Status: One of the primary advantages of legal separation is that it allows couples to retain their marital status. This can be crucial for religious or personal reasons, as some individuals may not wish to divorce for cultural or moral beliefs.
• Healthcare Benefits: Legal separation often allows spouses to continue benefiting from each other’s healthcare plans, which can be a significant financial advantage, especially if one spouse has a comprehensive healthcare plan.
• Property and Debt Division: Legal separation involves the division of assets and debts, providing a structured approach to the financial aspects of separation. This can help protect each spouse’s interests and ensure a fair distribution of assets.
• Time for Reflection: Legal separation provides couples with a period of time to evaluate their relationship and consider reconciliation. It can be an opportunity for both parties to seek counseling or therapy and work on the issues that led to the separation.
• Continued Social Security Benefits: In some cases, legal separation can allow a spouse to continue receiving Social Security benefits based on the other spouse’s work record, provided certain conditions are met.

The Cons of Legal Separation

• Complexity: Legal separation can be a complex legal process, similar to divorce, requiring legal representation and significant paperwork. This can be time-consuming and costly.
• Financial Obligations: Spouses in legal separation are still financially responsible for each other. This includes spousal support (maintenance) and child support, if applicable.
• Limited Marital Freedom: While legally separated, spouses may still be subject to certain marital obligations and restrictions, limiting their ability to enter new relationships or remarry.
• Emotional Impact: Legal separation can be emotionally challenging, as it marks a formal separation from one’s spouse. It may not provide the closure some individuals seek through divorce.
• Uncertainty: Legal separation does not provide a final resolution to the marital relationship. Couples may remain legally separated indefinitely, making it difficult to plan for the future.

The Process of Legal Separation in Amherst, New York Before pursuing legal separation in Amherst, New York, it is essential to understand the process and requirements. Here is an overview of the steps involved:

• Consultation with an Attorney: The first step in the legal separation process is to consult with an experienced family law attorney. They will provide guidance on the specific requirements and implications of legal separation in Amherst.
• Legal Separation Agreement: The next step is to draft a legal separation agreement. This document outlines the terms and conditions of the separation, including property division, child custody arrangements, spousal support, and any other relevant matters. Both spouses must agree to the terms outlined in this agreement.
• Filing the Petition: Once the legal separation agreement is drafted and signed by both parties, it is filed with the appropriate court in Amherst, New York. This officially initiates the legal separation process.
• Court Review: The court will review the legal separation agreement to ensure it is fair and equitable. If the court approves the agreement, it will issue a decree of legal separation.
• Division of Assets and Debts: With the court’s decree in place, the process of dividing assets and debts can begin. This may involve the sale of marital property or the transfer of assets to each spouse’s name.
• Ongoing Obligations: Throughout the legal separation, both spouses are required to adhere to the terms of the separation agreement, including financial obligations such as spousal support and child support.
• Reconciliation or Divorce: Legal separation offers the opportunity for reconciliation. However, if reconciliation is not possible or desired, the couple can choose to proceed with a divorce based on the legal separation decree.

Requirements for Legal Separation in Amherst, New York To qualify for legal separation in Amherst, New York, couples must meet certain requirements:

• Residency: At least one spouse must be a resident of New York and have resided in the state for a specific period, typically one year, before filing for legal separation.
• Separation Agreement: Both spouses must agree to the terms of the separation and sign a legal separation agreement outlining the details of the separation, including property division, support, and child custody arrangements.
• Irretrievable Breakdown: The legal separation agreement must demonstrate that the marriage has experienced an irretrievable breakdown, making it impossible for the couple to live together as spouses.
• Child Custody and Support: If there are children involved, the agreement must address child custody and support arrangements, ensuring the best interests of the children are considered.
• Property Division: The agreement should also include provisions for the division of marital property and debts.
• Spousal Support: If one spouse is seeking spousal support (maintenance), this should be outlined in the agreement, along with the terms and duration of support.

What Is a Divorce?

A divorce is the legal process by which a couple ends their marriage. Because of the legal status marriage enjoys, only a court order can end it. Generally speaking, the spouse who starts the divorce is the plaintiff, while the other spouse is the defendant.

Where to Get a Divorce

A large number of divorces occur in court. The New York Supreme Court is the specific court that will oversee and grant a divorce. Specifically, New York residents will need to file for divorce in the county in which they reside. For Buffalo residents, it will be the Erie County Supreme Court. It may surprise you to know that New York’s Family Courts do not grant divorces. Rather, Family Courts usually deal with family law issues, such as child support, visitation rights, spousal support (also called maintenance), child custody, and paternity issues. Depending on how cooperative the couple will be during the divorce, divorce mediation or collaborative law could be options. However, these out-of-court methods are not suitable for all divorces, especially  those that involve abuse. These are also not suitable for spouses who are unwilling to compromise and work together to complete the divorce. Download Our Free Family Law Guide

Requirements to Get a Divorce

Someone filing for divorce must meet two requirements before the proceedings can begin. First, the couple must meet the residency requirement. In order to get a divorce in New York, the couple must have lived in New York for at least one year, without interruption.  If only one spouse lives in New York, the residency time period extends to two years. Second, there should be grounds for divorce. New York recognizes the following as grounds for divorce:

• Cruel and inhuman treatment
• Abandonment
• Prison confinement that exceeds three or more consecutive years
• Adultery
• Legal separation
• Irretrievable breakdown lasting at least six months (also referred to as a “no fault” divorce)

The no fault divorce option is relatively recent, only allowed in New York since 2010. One reason it’s popular as a grounds for divorce is that neither spouse must prove the other spouse did anything wrong. This makes things more amicable and can help keep costs down.

What Expenses Does Child Support Cover?

Child support in New York encompasses various expenses beyond just basic necessities. While food, housing, and clothing are fundamental aspects covered by basic child support, there are additional expenses that may arise, including: Healthcare This includes medical expenses such as doctor’s visits, prescriptions, and medical insurance premiums. From routine check-ups to unexpected emergencies, healthcare costs are an integral part of child support. Education Child support may also contribute to educational expenses, including school supplies, tuition for private schools, and tutoring services. Childcare Costs associated with childcare services, such as daycare, babysitters, and summer camps, may be factored into child support payments. Extracurricular Activities Participation in extracurricular activities, such as sports teams or cultural programs, may also be covered by child support

Richard H. Cole
Partner

Thomas F. Hewner
Partner

Donna L. Haslinger
Partner

Vivian P. Roche'
Partner

Keith R. Rosso
Attorney

Tasha D. Frazie
Attorney

How is Child Support Determined in New York?

In New York, child support calculations adhere to the Child Support Standards Act, which ensures that the best interests of the children are prioritized. Gross income plays a significant role in determining child support payments, taking into account various sources of income such as employment salary, disability payments, and spousal maintenance. The Child Support Standards Chart provides guidelines for calculating child support based on the number of children involved. However, courts have the discretion to deviate from these guidelines based on specific circumstances. Factors such as the earning capacity of both parents and non-monetary contributions to the family are also considered during the determination process.

The Do’s and Don’ts of Divorce Court Etiquette

Divorce court proceedings can be emotionally charged and overwhelming. As you navigate through the legal process, it’s essential to remember that maintaining a respectful demeanor and adhering to proper courtroom etiquette can have a significant impact on the outcome of your case. In this article, we will discuss the do’s and don’ts of divorce court etiquette, offering valuable guidance to help you present yourself in the best possible light while advocating for your rights.

Section 1: The Do’s of Divorce Court Etiquette

• Dress Appropriately: When appearing in court, dress in a manner that shows respect for the proceedings. Opt for formal attire, such as a business suit or a conservative dress, to demonstrate your seriousness and professionalism.
• Arrive on Time: Punctuality is crucial. Arriving late can convey a lack of respect and may even lead to negative assumptions by the judge. Plan ahead and allow extra time for unforeseen delays to ensure you’re present at the designated time.
• Show Respect for the Judge: Address the judge as “Your Honor” and stand when speaking to them. Maintain a calm and composed demeanor, even if you disagree with their decisions. Never interrupt or argue with the judge; instead, present your case clearly and concisely.
• Maintain Composure: Divorce court proceedings can be emotionally taxing, but it’s essential to control your emotions and remain calm. Avoid making disparaging remarks or displaying anger towards your ex-spouse or anyone else involved. Your ability to handle stressful situations with grace will reflect positively on your character.
• Listen and Follow Instructions: Pay close attention to the proceedings and listen carefully to the judge, your attorney, and opposing counsel. Follow instructions promptly and comply with any court orders or directives. This demonstrates your willingness to cooperate and abide by the rules of the court.
• Speak Clearly and Concisely: When presenting your case or testifying, speak clearly, and avoid mumbling or rambling. Stick to the relevant facts, keeping your statements concise and to the point. Present your arguments respectfully and avoid personal attacks or unnecessary criticism.

Section 2: The Don’ts of Divorce Court Etiquette 

• Don’t React Emotionally: While it’s natural to feel emotional during divorce proceedings, it’s crucial to avoid outbursts, crying, or displays of anger. Emotional reactions can undermine your credibility and may work against your best interests. Stay composed and focus on presenting your case in a rational and logical manner.
• Don’t Disrupt the Proceedings: Interrupting or speaking out of turn can disrupt the flow of the court proceedings and may lead to negative consequences. Wait for your turn to speak and respect the process. Trust that your attorney will advocate for your interests effectively.
• Don’t Involve Children in Courtroom Disputes: Divorce court is not the place to discuss parenting disagreements or involve children in the proceedings. Protect your children’s well-being by keeping them out of the courtroom, both physically and emotionally.
• Don’t Display Hostility Towards Your Ex-Spouse: Regardless of the reasons behind your divorce, displaying hostility or engaging in confrontational behavior towards your ex-spouse can have adverse effects on your case. Maintain a respectful attitude, even when faced with provocation, to avoid potential complications.
• Don’t Ignore Court Orders or Deadlines: Failing to comply with court orders or missing deadlines can harm your case and result in penalties. Stay organized, keep track of important dates, and promptly fulfill any obligations mandated by the court.

Section 3: Seeking Professional Guidance

Divorce court proceedings can be complex and emotionally draining. While following proper etiquette is essential, it is equally important to seek professional guidance to navigate the legal intricacies effectively. Here are some reasons why enlisting the help of an experienced divorce attorney can greatly benefit your case: Expertise in Family Law: Divorce attorneys specialize in family law and possess extensive knowledge and experience in handling divorce cases. They understand the nuances of the legal system, including local laws and court procedures. By working with a skilled attorney, you can ensure that your case is presented effectively and in line with the relevant legal requirements. Objective Advice and Support: Emotions can cloud judgment during divorce proceedings, leading to poor decision-making. A divorce attorney provides you with objective advice, helping you make rational choices based on the law and your best interests. They act as a support system, guiding you through the process while advocating for your rights and ensuring a fair outcome. Negotiation and Settlement: In many divorce cases, reaching a mutually acceptable settlement is preferred over prolonged court battles. A seasoned divorce attorney has excellent negotiation skills and can help facilitate productive discussions with your spouse and their legal representation. They will strive to achieve a fair settlement that protects your interests while avoiding unnecessary conflict. Knowledge of Courtroom Etiquette: A divorce attorney is well-versed in courtroom etiquette and can coach you on how to conduct yourself effectively during hearings and proceedings. They can prepare you for questioning, help you craft persuasive arguments, and ensure that your voice is heard in a respectful and professional manner. Legal Documentation and Paperwork: Divorce involves a multitude of legal documents, from petitions and financial disclosures to child custody agreements and property settlements. An attorney will assist you in preparing and reviewing these documents to ensure accuracy and completeness. Their expertise can help prevent errors or omissions that could have negative consequences for your case. Legal Protection and Advocacy: Divorce proceedings can be emotionally charged, and conflicts may arise between you and your spouse. Having a divorce attorney by your side ensures that your rights are protected and that you have a strong advocate fighting for your best interests. They will work diligently to present a compelling case on your behalf and strive for a favorable resolution.

Factors Influencing the Duration of a Divorce

Several key factors influence how long a divorce takes in New York. The first and most crucial factor is whether the divorce is contested or uncontested. An uncontested divorce, where both parties agree on all terms including division of assets, custody arrangements, and support payments, typically takes less time than a contested divorce, where there are disagreements that need to be resolved through mediation or litigation.  The second factor is the complexity of the couple’s financial and personal circumstances. Couples with significant assets, businesses, or complicated financial situations may experience longer divorce proceedings due to the need for detailed asset evaluations and negotiations.  If there are disputes over child custody, visitation, or support, the process can be prolonged as these issues require careful consideration and possibly court intervention.

Contested vs. Uncontested Divorce

A divorce is “contested” when:

• One of the spouses does not want to get a divorce.
• The couple disagree as to why a divorce should be granted.
• The couple disagrees as to how their finances, property and child responsibilities should be divided among them.

A divorce is “uncontested” when:

• Both spouses want the divorce, and
• Both spouses agree on how their finances, property and child responsibilities should be handled.

Issues Decided During a Divorce

The primary purpose of the court is to grant the divorce. Only when a judge issues an order dissolving the marriage is the divorce official. However, couples don’t necessarily need the court to resolve the other issues that accompany a divorce, such as the division of marital property, child custody, and spousal support. The reason the court is often involved in these issues is because couples often disagree about resolving them. Preparing for a divorce trial can be a daunting task, especially in New York, where divorce laws can be complex. Here are some steps to help you prepare for a New York divorce trial:

1. Gather Evidence

To prepare for a divorce trial in New York, you need to gather evidence to support your case. This can include financial documents, emails, text messages, social media posts, and any other evidence that supports your position. Work with your attorney to determine what evidence is relevant to your case.

2. Review Your Financial Situation

In a divorce trial, the court will need to determine how to divide your assets and debts. To prepare for this, you need to have a clear understanding of your financial situation. Review your bank statements, tax returns, and other financial documents to get a complete picture of your financial situation.

3. Consider Custody Arrangements

If you have children, the court will also need to determine custody arrangements. Consider what custody arrangements you want and be prepared to provide evidence to support your position. This can include witness testimony and expert reports.

4. Work with Your Attorney

Preparing for a divorce trial can be overwhelming, so it’s important to work closely with your attorney. Your attorney can help you understand the legal issues involved, gather evidence, and develop a strategy for your case. Be sure to communicate openly with your attorney and ask any questions you may have.

5. Prepare Yourself Emotionally

Divorce trials can be emotionally draining, so it’s important to take care of yourself. Consider working with a therapist or counselor to help you cope with the emotional challenges of the process. Additionally, be prepared to remain calm and professional throughout the trial.

6. Attend Pre-Trial Conferences

Before your trial, there may be several pre-trial conferences that you will need to attend. These conferences are an opportunity for you and your attorney to meet with the judge and the opposing party to discuss the case and attempt to reach a settlement. Be prepared to discuss any settlement offers that may be presented and work with your attorney to determine the best course of action.

7. Dress Professionally

When appearing in court for your divorce trial, it’s important to dress professionally. This shows the judge that you take the process seriously and respect the court. Dress in conservative, business attire and avoid anything too flashy or provocative.

8. Be Prepared to Testify

During the trial, you may be called to testify. This means you will need to answer questions under oath. Be honest in your answers and be prepared to provide evidence to support your position. Work with your attorney to prepare for your testimony and practice answering questions.

9. Be Respectful in Court

During the trial, it’s important to be respectful in court. This means avoiding interruptions, speaking clearly and concisely, and addressing the judge as “Your Honor.” Avoid making negative comments about the opposing party or their attorney and remain calm and composed.

10. Follow Court Orders

After the trial, the judge will issue a decision and issue order regarding asset division, custody, and support. It’s important to follow these orders and comply with any requirements set forth by the court. Failure to comply with court orders can result in legal consequences.

Divorce vs. Annulment

A divorce ends a valid marriage, while an annulment is a declaration that the marriage was never valid in the first place. In order to get an annulment, a spouse has to prove at least one of the following:

• One spouse was currently married to another individual at the time of marriage.
• The marriage was entered into by force or duress.
• One spouse became incurably insane for a period of five years or more.
• The agreement to get married was made through fraud.
• One spouse was mentally incapable of understanding the consequences of marriage.

Benefits of Domestic Partnership

Despite the absence of common law marriage in New York, domestic partnership offers couples a spectrum of benefits that bridge the gap between cohabitation and traditional marriage. These benefits encompass hospital and prison visitation rights, family leave entitlements for medical or bereavement purposes, health benefits, and tenancy rights, among others. Notably, domestic partnership extends these privileges to couples irrespective of gender or sexual orientation, reflecting New York’s commitment to inclusivity.

Non-Biological Fathers’ Rights: Understanding Custody and Visitation

In the ever-evolving landscape of family law, the rights of non-biological fathers have become a topic of considerable importance. On this page, we will delve into the intricacies of non-biological fathers’ rights, exploring the legal principles at play and providing guidance for individuals navigating these complex situations.

Richard H. Cole
Partner

Thomas F. Hewner
Partner

Donna L. Haslinger
Partner

Vivian P. Roche'
Partner

Keith R. Rosso
Attorney

Tasha D. Frazie
Attorney

Understanding Equitable Estoppel

At the heart of the issue lies the doctrine of Equitable Estoppel, a legal concept aimed at preventing injustice by barring individuals from denying facts they have previously affirmed through their actions or words. In the realm of family law, Equitable Estoppel can be a powerful tool for non-biological parents seeking custody or visitation rights Traditionally, custody determinations heavily favored biological or adoptive parents. However, the doctrine of Equitable Estoppel has introduced a new dimension to these proceedings, emphasizing the importance of fairness and the best interests of the child above all else. Under this doctrine, non-biological parents who have established a significant parent-child relationship may be entitled to assert their rights in custody and visitation matters.

Key Considerations in Custody and Visitation Case

The application of Equitable Estoppel in custody and visitation cases encompasses various scenarios, each presenting its own set of complexities. One common scenario involves a non-biological father who has held himself out as the parent of the child, assuming responsibilities and nurturing a relationship with the child over time. In such cases, the courts may recognize the non-biological father’s role and prioritize the continuity of the parent-child relationship. Similarly, Equitable Estoppel may come into play when a father seeks to disavow paternity after learning that he is not the biological parent. If the father has previously acknowledged paternity and acted as the child’s parent without question, he may be estopped from denying paternity later on, particularly if doing so would be detrimental to the child’s well-being.

Richard Cole is the absolute best real estate attorney in WNY. I wouldn’t think of getting involved in a transaction without him. His knowledge, attention to detail, and constant communication make buying and selling a property so much easier. I have done several deals with him and will continue using his services in the future.

James F.

Implications for Non-Biological Fathers

That Appellate Court’s ruling signaled a shift in the legal landscape concerning non-biological fathers’ rights. Moving forward, non-biological fathers who have played a significant role in a child’s life may have recourse to assert their rights in custody and visitation matters. It’s essential for individuals in these circumstances to seek guidance from experienced family law attorneys who can assess the specifics of their case and provide tailored advice. By understanding the nuances of Equitable Estoppel and presenting compelling arguments based on the best interests of the child, non-biological fathers can pursue a favorable outcome in custody and visitation proceedings.

Surrogacy Laws in New York:

Until recently, New York had some of the most restrictive surrogacy laws in the United States. However, on February 15, 2021, the state enacted the Child-Parent Security Act (CPSA), legalizing compensated gestational surrogacy. This landmark legislation offers hopeful parents and surrogates an opportunity to pursue surrogacy arrangements within the boundaries of the law. Under the CPSA, any individual or couple, regardless of their sexual orientation or marital status, can enter into a gestational surrogacy agreement. The law recognizes the intended parents as the legal parents of the child, and the surrogate has no legal rights or obligations towards the child. However, certain requirements must be met to ensure compliance with the law: Age Requirements: Intended parents must be at least 21 years old to enter into a surrogacy agreement. Medical Necessity: Surrogacy in New York is limited to cases where there is a reasonable expectation that the intended mother cannot carry a pregnancy to term or where pregnancy would pose a significant risk to her health. Legal Representation: All parties involved in a surrogacy agreement, including the intended parents, surrogate, and egg or sperm donors (if applicable), must have separate legal representation. Written Agreements: Surrogacy agreements must be in writing and include various provisions, such as the parties’ rights, responsibilities, and financial arrangements. Mental Health Evaluation: The surrogate must undergo a mental health evaluation to ensure she fully understands the surrogacy process and its emotional implications.

Adoption Laws in New York:

Adoption is another viable option for individuals and couples looking to build their families. New York has specific laws in place to regulate the adoption process and ensure the best interests of the child are protected. Here are some key aspects to consider: Adoption Agencies: Adoption in New York is primarily facilitated through authorized adoption agencies. These agencies are responsible for evaluating and approving prospective adoptive parents and matching them with eligible children. Home Study: Prospective adoptive parents must undergo a comprehensive home study conducted by a licensed social worker or adoption agency. This process involves interviews, background checks, and home visits to assess the prospective parents’ suitability and ability to provide a stable and loving home for a child. Consent and Relinquishment: Birth parents must voluntarily and irrevocably consent to the adoption of their child. In certain cases, such as when the birth parents’ rights have been terminated by a court, consent may not be required. Placement Preferences: New York law prioritizes placing a child with a relative or a foster parent who has an existing relationship with the child. However, when such options are not available, the adoption agency will consider other prospective adoptive parents. Post-Placement Supervision: After the child is placed with the adoptive parents, a period of post-placement supervision follows. During this time, a social worker or adoption agency representative will visit the adoptive home to ensure the child’s well-being and provide support to the adoptive family.

 Legal Counsel and Guidance

Navigating the intricacies of family law, including marriage, domestic partnership, and related matters, necessitates informed guidance and legal counsel. At Cole, Sorrentino, Hurley, Hewner & Gambino, P.C., we offer comprehensive assistance tailored to your specific needs. With a wealth of experience in family law spanning over a decade, our team stands ready to address your concerns and provide legal counsel.

Frequently Asked Questions

Can non-biological fathers establish parental rights if the biological parent is not deemed unfit? Yes, non-biological fathers may still have avenues to establish parental rights even if the biological parent is not deemed unfit. The key factor in such cases is the establishment of a significant parent-child relationship, wherein the non-biological father has assumed parental responsibilities and played an active role in the child’s upbringing. Courts recognize the importance of maintaining stable and nurturing environments for children, and non-biological fathers who have provided such environments may be granted parental rights. What Factors Determine Recognition of Out-of-State Common Law Marriages in New York? Recognition of out-of-state common law marriages in New York hinges on adherence to the legal requirements stipulated by the jurisdiction where the union was formed. To validate an out-of-state common law marriage in New York, couples must furnish evidence demonstrating compliance with the prerequisites prescribed by the respective state. Such evidence may encompass affidavits, witness testimony, or documentation attesting to the establishment of a common law marriage in accordance with the laws of the originating jurisdiction. Are There Instances Where New York State Recognizes Common Law Marriages? While New York State does not bestow official recognition upon common law marriages formed within its borders, certain exceptions exist. For instance, if a couple entered into a common law marriage in a jurisdiction that subsequently abolished common law marriage, New York may recognize the union if it was validly contracted before the abolition. Additionally, common law marriages contracted in foreign countries where such unions are legally sanctioned may also be acknowledged under principles of comity. Can Common Law Marriages Impact Property and Asset Distribution? In jurisdictions where common law marriages are recognized, the dissolution of such unions may trigger legal proceedings akin to divorce, encompassing equitable distribution of property and assets accumulated during the course of the relationship. However, in the absence of common law marriage recognition in New York State, couples cohabiting without formalized marital status may encounter complexities regarding property division upon separation. Seeking legal counsel to navigate property rights and asset distribution is imperative in such scenarios. How Does New York State Address Child Custody and Support in Common Law Marriages? In matters pertaining to child custody and support, New York State prioritizes the best interests of the child, irrespective of the parents’ marital status. Therefore, common law couples with children are subject to the same legal considerations and obligations as married couples concerning child custody, visitation, and support. Establishing paternity and delineating parental rights and responsibilities necessitates legal intervention to ensure adherence to statutory provisions and safeguard the welfare of the child. What Legal Recourse Exists for Dissolution of Cohabiting Relationships in New York? In instances where cohabiting couples opt to dissolve their relationship without the formalities of marriage or domestic partnership, legal mechanisms such as separation agreements or cohabitation agreements may facilitate the orderly resolution of disputes regarding property, finances, and custody arrangements. Engaging legal counsel to draft comprehensive agreements tailored to the unique circumstances of the relationship mitigates conflict and fosters amicable separation. Can Common Law Marriage Claims Arise in New York Despite Legal Prohibitions? Despite New York’s stringent stance against common law marriage recognition, instances may arise where individuals erroneously assert common law marriage status in legal proceedings. In such cases, courts adjudicate claims based on the absence of legal grounds for common law marriage in New York State, emphasizing the imperative of adhering to statutory requirements for valid marriage or domestic partnership. How Does New York State Navigate Inheritance Rights in Cohabiting Relationships? In the absence of formalized marital status, cohabiting partners may encounter challenges regarding inheritance rights under New York’s intestacy laws. Without the legal presumption of spousal inheritance, individuals cohabiting without marriage or domestic partnership face heightened vulnerability concerning inheritance matters. Seeking legal counsel to implement testamentary instruments such as wills and trusts becomes imperative to safeguarding asset distribution and testamentary wishes.

Related Videos

Choosing a Divorce Attorney

First Step of the Divorce Process

Are There Tax Implications Associated with Cohabiting Relationships in New York? Cohabiting couples in New York may encounter tax implications distinct from those of married couples or domestic partners. Absent legal recognition of their relationship, cohabitants may face limitations in accessing tax benefits or filing joint tax returns available exclusively to married couples or domestic partners. Consulting with tax professionals or legal advisors facilitates strategic tax planning and compliance with applicable tax laws. What Steps Can Cohabiting Couples Take to Secure Their Rights and Interests? In light of the legal complexities surrounding common law marriage and cohabiting relationships in New York, proactive measures are essential to safeguarding individuals’ rights and interests. Engaging in open communication, executing cohabitation agreements, and seeking legal counsel to address pertinent legal considerations fortify the foundation of cohabiting relationships, fostering clarity, stability, and mutual understanding. How Does Legal Counsel Facilitate Resolution of Family Law Matters in New York? In matters pertaining to family law, including marriage, domestic partnership, and cohabitation, legal counsel plays a pivotal role in navigating complexities, resolving disputes, and safeguarding individuals’ rights and interests. With comprehensive knowledge of New York’s legal landscape and extensive experience in family law, legal professionals provide tailored guidance and advocacy, empowering clients to navigate legal proceedings with confidence and clarity.

Your Family Law Team

For personalized legal guidance and comprehensive assistance in navigating family law matters, Cole, Sorrentino, Hurley, Hewner & Gambino, P.C. is your trusted ally. With a steadfast commitment to client satisfaction and a proven track record of success spanning over a decade, our seasoned legal team stands ready to address your concerns with diligence and compassion. Whether you require assistance with marriage, divorce, domestic partnership agreements, or any other family law issue, we offer tailored solutions to meet your unique needs. By leveraging our extensive knowledge of New York’s legal statutes and our unwavering dedication to advocacy, we strive to achieve favorable outcomes for our clients while upholding the highest standards of professionalism and integrity. Don’t navigate the complexities of family law alone. Take the first step towards legal clarity and peace of mind by contacting Cole, Sorrentino, Hurley, Hewner & Gambino, P.C. today. Our experienced attorneys are here to guide you through every step of the legal process, empowering you to make informed decisions and secure your future.

Contact Our Buffalo Divorce Lawyers for Guidance

If you’re going through a divorce, you need experienced legal counsel. Even if you’re in full agreement with your spouse as to the terms of the divorce and want to utilize mediation or collaborative law, you should still at least consult with an experienced attorney to discuss all your legal options and answer any questions you’re bound to have. We offer flexible meeting schedules, return after-hours communications promptly, and can access Spanish language interpretation if necessary. You can trust our law firm’s reputation for attentive personal service. Contact Cole, Sorrentino, Hurley, Hewner & Gambino, P.C., online or call us to arrange your initial consultation with one of our Buffalo divorce lawyers. We welcome the opportunity to serve you. Download Our Free Family Law Guide

 

READ MORE ON THIS TOPIC:

• Family Law
• Child Custody
• Child Support
• Visitation Rights
• Spousal Support
• Equitable Distribution
• Paternity
• Adoption
• Prenuptial & Postnuptial Agreements