109 Ny Definitions Domestic Relations

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01 Antenuptial Agreement

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Under DRL, an antenuptial agreement is an express contract in contemplation of marriage, typically addressing economic matters in the event of divorce after marriage, provisions for testamentary dispositions, and any other topics related to the marriage.

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02 Equitable Estoppel

Back 2

The doctrine of equitable estoppel prevents a biological father from claiming paternity or it prevents a non-biological father from denying paternity after he previously claimed to be the father or acquiesced to being the father for a prolonged period.

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03 Martial Property

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Under DRL, marital property is all property acquired by the spouses during the marriage, during the pendency of marriage, or prior to the separation agreement regardless of how the property is titled.

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04 Separation Agreement

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Under DRL, separation agreement is a legal document in which husband and wife freely decide to live apart from each other. The separation agreement must be freely made (i.e., no duress), in writing, signed by both parties, acknowledged, and filed with the court prior to the divorce.

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05 Grounds for Separation

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Under DRL, grounds for separation in NY are limited to:

1. Cruel and inhuman treatment
2. Abandonment
3. Constructive abandonment
4. Adultery
5. 3 years of consecutive imprisonment
6. Failure to support.

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06 Grounds for Divorce

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Under DRL, causes of action for divorce in New York are limited to:

1. Cruel and inhuman treatment
2. abandonment for a continuous period of one year or more
3. Imprisonment for more than three years subsequent to the marriage
4. Adultery
5. Conversion of a separation decree
6. Written and acknowledged separation agreement after living separate and apart for more than one year
7. The relationship between husband and wife has broken down irretrievably for a period of at least six months.

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07 Residency Requirement

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Under DRL, in order to maintain an action for divorce in New York, the parties must meet the following minimum residency requirements:

a. If both parties reside in New York and grounds for divorce occurred in New York, there is no minimum residency requirement.

b. If one party resides in New York, there is a one-year residency requirement if: (i) they were married in New York, (ii) they had ever lived in New York as spouses, or (iii) the grounds for divorce arose in New York.

c. If one party resides in New York and no other factors are present, there is a two-year residency requirement.

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08 Child Custody

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Under DRL, the standard to adjudicate the custody of a child is the best interest of the child. In order to determine the best interest of the child, the courts look to the following:

1. Wishes of the parties
2. The child's wishes if child is old enough (about 12 years old)
3. Health and age of the parties
4. Whether there are domestic violence issues
5. Parent's new relationships, if any
6. The child's connection with other family members; and
7. Any other relevant factors the court deems appropriate (a catch all).

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09 Adultery

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Under DRL, adultery is an act of sex voluntarily performed with another person who is not one's spouse during a marriage.

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10 Ex Parte Divorce

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Under DRL, an ex parte divorce is a divorce rendered upon the defendant without personal jurisdiction over the defendant that is founded upon the court's jurisdiction over the marriage.

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Maintenance

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Under the DRL, maintenance is payments provided for in a valid agreement between the parties, or awarded by the court, to be paid at fixed intervals for a definite or indefinite amount of time, but an award of maintenance will terminate upon the death of either party or upon the recipient's valid or invalid marriage, or upon modification.