NEW YORK DIVORCE-Orders of Protection--Men

A quite frequent, and quite dirty tactic used by some women in divorce proceedings,(or prior to initiating them), is to bring in the constabulary to the residence with charges of threats and abuse by the husband. Charges that are trumped up, and designed to do only one thing--get the wife exclusive occupancy of the marital residence.
So next day, the husband may find himself in family court, on what is called a "Family Offense Proceeding." He often times is offered the choice between having a hearing, or consenting to the order of protection, "without findings." "Without findings" basically means there has been no factual determination as to the truth of the allegations made against him, but he has consented to the order.
Of course, while you have the right to a hearing, you may as well know, gentlemen, that in Family Court, it is more of a "rite" than a right. They hold the hearing, and because THE GOVERNMENT IS DEATHLY AFRAID OF NOT GIVING AN ORDER OF PROTECTION AND THEN YOU KILL YOUR FAMILY, AND IT MAKES THE NEWSPAPERS, you can pretty much count on a finding being made against you.
What's the proper strategy? Nine times out of ten, I'd go with the consent order without findings. Of course, now you have to have a place to live, don't you, and your life just got more expensive. Also, you need to have the court order opportunities for you to get your things out of the house, (with the cops or some neutral third party present) so you can dress for work and pay all the new expenses you'll have. Swell huh?
For the Laws of New York, or for Official Court Forms: http://justiceneversleeps.net

NEW YORK DIVORCE Following Orders

It is of great importance that parties follow court orders to the letter. Whether it is an interim order (for example a direction to provide temporary maintenance and child support) or a final order in a divorce decree, variations from the court's directives--even seemingly minimum variations--can cause a party to be held in contempt. Once, a client was ordered to maintain an insurance policy of $500,000.00 with the wife as irrevocable trustee. By innocent mistake, he had $576,000.00 in an insurance, but made the wife the beneficiary. The wife brought a contempt proceeding, and the IDIOT JUDGE assessed $5,000.00 in legal fees against the husband. Of course, this case was appealed, and the IDIOT JUDGE's decision was overturned.
The point is, do what they tell you, nothing more, nothing less.
For New York Law and Official Court Forms go to http://justiceneversleeps.net

NEW YORK DIVORCE-SERVICE OF PAPERS

In New York, there is a requirement that the summons and complaint be personally served, unless otherwise ordered by the court. Now, while this has merit, it can also put a burden on the spouse trying to serve a defendant who is intentionally avoiding service. Besides incurring expenses for an unsuccessful process server, there would be the costs involved with making a motion to the court for alternative service. Perhaps legislation should be considered that would make the motion process easier in this instance, and the availability of "fill in the blank" moving affidavits at the clerk's office would be a good step in this direction. What do you think?
For NY Law and Official Court Forms go to http://justiceneversleeps.net

NEW YORK DIVORCE--STILL NEED GROUNDS

Welcome to New York, the last state in the Union to require grounds for divorce--enabling government bureaucrats to have even more unecessary interference with the private lives of citizens. There is a movement afoot to change this barbaric requirement, the Bar associations and the Office of Court Administration are largely in favor of removing a "cause" requirement for divorce. Stay tuned for further developments.
For New York Law and Official Court Forms go to http://justiceneversleeps.net
Legalize freedom in America.
W. ADAM MANDELBAUM ESQ.