Tags: Legal Industry, Tips and Advice, Divorce and Family Law, The Kepanis Law Firm

WANT A DIVORCE? LIVE IN NY? NOT SO EASY!

THE KEPANIS LAW FIRM EXPLAINS

Under current New York State divorce law, one spouse must allege one of the enumerated grounds set forth by the state legislature to obtain a divorce. However the New York State Senate and State Assembly both recently passed a ‘No Fault’ divorce bill possibly changing New York State divorce proceedings forever.

“New York has the chance to join the other 49 states that already allow people to end a marriage without having to establish their spouse was at fault,” says Doug Kepanis, Founder of The Kepanis Law Firm, a legal firm that specializes in divorce and family law. “The bill will now go to the Governor for his signature. If a ‘No Fault’ divorce law is finally passed in New York, it will end years of antiquity in a progressive state.”

However as of today, current divorce law in New York State remains complicated. One spouse must take the blame, even if both sides agree the marriage cannot be saved. Kepanis further explains the basis behind these justifications in order to obtain a divorce in New York State.

Cruel and inhuman treatment of one spouse by the other
Under current case law, the length of the marriage actually colors the meaning of cruel and inhuman. “There’s a fine line here,” says Kepanis. “While leaving the toilet seat up might amount to cruel and inhuman treatment in a six-month marriage, verbal put-downs and non-stop tirades might not amount to cruel and inhuman treatment in a twenty-year marriage.”

Abandonment for more than one year
This particular ground also contains constructive abandonment. Constructive abandonment is the refusal of one spouse to engage in sexual relations for more than one year without justification. Kepanis adds, “This particular ground has morphed into a de facto ‘No Fault’ ground in New York as most spouses who wish to be granted a divorce in New York will agree to constructive abandonment as their grounds. The Courts, judges, attorneys, and clients all know that this is basically Court-sanctioned perjury, but in an effort to bypass a costly grounds trial, all parties often look the other way.”

Adultery This ground must be proven through either actual or circumstantial evidence. Not even the cheating spouse’s admission of adultery will suffice. “This is an arcane provision and rarely used as a grounds for divorce unless one spouse wants to humiliate the other with evidence of adultery,” says Kepanis.

Other grounds are: Confinement in prison for more than three years after the parties were married; Living separate and apart for more than one year pursuant to a Judgment of Separation; Living separate and apart for more than one year pursuant to a Separation Agreement.

Kepanis adds, “It is my hope that this ‘No Fault’ law will pass so that it allows spouses who no longer want to be married the opportunity to move forward and think about more important aspects of divorce, namely the children and assets of the marriage.”

The Kepanis Law Firm offers first class service to each of their clients, aggressively representing their rights and interests through the entire divorce process. The firm represents husbands, wives, parents, step-parents and grandparents in a variety of divorce-related matters in the greater metropolitan region, including legal separation, contested divorce, uncontested divorce, child custody, child support, asset division, spousal support, modifications, paternity, visitation and mediation. From the initial consultation through to the final case result, whether achieved through negotiation or litigation, The Kepanis Law Firm will be by their client’s side. For more information on The Kepanis Law Firm call 888-877-2908 or visit www.manhattandivorcelawfirm.com or www.longislanddivorcelawfirm.com.

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