Category Archives: Marriage

Same-Sex Couples Presumed Legitimate Parents of Children

In New York, there is a “presumption of legitimacy” which provides that a child born during a marriage is presumed to be the married couples’ child.  A New York appeals court ruled that this presumption should apply equally to both heterosexual and same-sex couples. This is a logical extension of the Court of Appeals decision…
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Can You Get a Divorce If You Cannot Find Your Spouse?

It takes two to tango, and it takes two to get married, but does it take two to get a divorce? Sometimes, after the marriage breaks down, one spouse, moves out of the house and disappears such that they cannot be found in order to be served. When one spouse cannot be found, can the…
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Can I File for Divorce in New York If My Spouse Has Moved Out of State?

When a marriage deteriorates and one spouse moves out of the marital residence, they sometimes move way out. When way out is out of New York and the New York spouse  wants to divorce, where will the divorce take place? New York Domestic Relations Law, Sections 230 and 231 define the residency requirements for filing…
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“Callous” Prenup Still Enforceable

Hardball negotiating and “callous” conduct leading up to the execution of a prenuptial agreement may not be the most romantic way to enter into a marriage, but it won’t be enough to invalidate a prenup, according to a recent New York court decision. A “Very High Burden” to Invalidate a New York Prenup As I…
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What Is an Annulment and How Do I Annul My Marriage in New York?

An annulment is a remedy to declare null and void a marriage not legal to begin with. In New York, annulment is available when: One spouse was legally married to someone else at the time (sometimes called bigamy) One of the spouses was under the age of consent (18) The couple is too closely related…
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