Divorce and Matrimonial Law Overview
Divorce and Matrimonial Law Overview
By J. Douglas Barics
Matrimonial law covers a broad area of law. Attorneys must not only know the law, but also the relevant cases which decide unclear issues resulting in a body of case law that can be overwhelming at first. If you're reading this, it means you are likely researching more about matrimonial and divorce law for your own personal reasons. Our articles are written to help educate people about the fundamentals on their own time and in private.
If you reach a point were you need assistance either to learn about what to expect if things take a turn for the worst, or if a matrimonial action has been commenced, please call or use our contact page to schedule a meeting.
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Matrimonial Law in New York
What you need to know about matrimonial law
Matrimonial law is governed by the Domestic Relations Law and the Family Court Act. Article 236 Part B of the Domestic Relations Law is the heart of matrimonial practice. Enacted in 1980, it abolished the old system where alimony was the only financial relief available and introduced the new concept of marital property.
What are matrimonial actions?
- An action for an Annulment
- An action for a Divorce
- An action for a Separation
- An action for a declaration of the nullity of a void marriage
- An action for for a declaration of the validity or nullity of a foreign judgment of divorce
- An action for a declaration of the validity or nullity of a marriage
- A special proceeding to obtain maintenance or a distribution of marital property following a foreign judgment of divorce
What is an annulment?
An annulment seeks to retroactively declare the marriage void.
What is a divorce?
A divorce is dissolves the marriage
What is a separation?
A judicial separation determines all financial issues other than equitable distribution but does not dissolve the marriage.
What is an action to declare the nullity of a void marriage?
An action to declare the nullity of a void marriage seeks a judgment declaring the marriage void. It is not needed but it does act as proof that the void marriage is void.
What is an action to declare the nullity or validity of a foreign divorce?
When someone has a foreign divorce and there is a question if it is valid or not, they can request that a court make this determination.
What is an action to declare the nullity or validity of a marriage?
If there is a question if a marriage is valid or not, the court can make this determination.
What is a special proceeding for equitable distribution following a foreign divorce?
If the parties were divorced by a court located outside of New York, a request for equitable distribution can be made in New York. The other court must generally have determined it would not decide equitable distribution.
What is a Marital Agreement?
A marital agreement the broad term that includes stipulation of settlements. When you settle your divorce, the terms are set by you through negotiations, as opposed to letting a judge decide. In addition, a stipulation ends the case, as there no appeal is allowed following a stipulation.
What is a Matrimonial Appeal?
A matrimonial appeal is an appeal from your divorce judgment on any or all issues that was decided by the judge. Its not a second trial. It is where you ask an appeals court to review the trial judge’s decision and request that it be changed or reversed due to a mistake by the trial judge.
Contact Our Matrimonial Attorney Today
At the Law Office of J. Douglas Barics, we have the skills and knowledge to handle any matrimonial action, no matter how challenging or complex. With over 25 years of experience, we can bring to you the services of a large firm at a fraction of the cost. When you need a skilled matrimonial lawyer located in Suffolk County, call The Law Office of J. Douglas Barics.
For a free phone case consultation or to schedule an office meeting, call 631-864-2600.
PRACTICE AREAS
Divorce and Matrimonial Law Overview
Uncontested Divorce
Divorce
Annulments
Void Marriages
Equitable Distribution
Maintenance
Child Support
Custody
Counsel Fees
Expert Fees
Exclusive Occupancy
Pendente Lite Motions
Same Sex Divorce
Modification of Child Support
Modification of Maintenance
High Net Worth Divorces
Marital Agreements
Complex Challenges
Matrimonial Appeals
Appeals
Constructive Trusts
Partitions
Foreclosure Defense
Family Court