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Rochester Family Lawyer
http://rochesterfamilylawyer.korotkinlaw.com
Rochester, New York, Family Law blog focusing on New York's Family Law.
Recent Posts
Disability Payments, Divorce and Equitable Distribution
I have previously written about different classes of property that most of the time will be considered to be separate property of the party during the divorce. Periodically, divorce lawyers have to deal with situations where one of the parties beco...
Vacating Settlement Agreements on Grounds of Mutual Mistake
In is not unusual for a party to attempt to vacate a settlement agreement. In order to do so, a party must meet a significant burden of proof that the agreement came as a result of a material, mutual mistake, fraud, or other relevant facts. A int...
Return From Military Service and Reconsideration of Custody Orders
Laws of 2009, Ch 473, effective November 15, 2009, amended the Domestic Relations Law, the Family Court Act and the Military Law to provide that the return of a parent from activation or deployment by the military will automatically be considered a &...
Constructive Emancipation, Burden of Proof and Contact With the Child By Non-Custodial Parent
I often see cases involving constructive emancipation which typically arise when the child refuses to have contact with the non-custodial parent. If the contact cannot be reestablished after a period of time, the non-custodial parent can move to te...
What Is Required For A Document To Be Accepted As A Separation Agreement?
Periodically, I see documents that were prepared by the parties on their own while attempting to resolve whatever legal issues they were facing. Occasionally, the parties will prepare their own separation agreements. Unfortunately, in many cases,...
Can Social Abandonment By A Spouse Be Sufficient As Grounds For Divorce?
While New York continues to be the last state that insists upon fault-based divorce, that has not stopped various attempts to broaden present grounds for divorce available under the Domestic Relations Law. In a recent decision, Davis v. Davis, 20...

