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Adultery
During the last several weeks my office has had
several calls from individuals stating that they want a
divorce on the ground of adultery. We have not been
surprised at the new attention to this ground for
divorce because every time you open a newspaper in
New York you can readily see the devastation
infidelity can have on a marriage and career.
A spouse commits adultery when he/she engages in
a sexual relationship with someone other than his/her
spouse. Generally speaking adultery is very difficult
to prove in a divorce, especially when the straying
spouse contests the charge of adultery. Usually the
spouse who is attempting to prove adultery is not
permitted to testify against the straying spouse and
there must be a witness who is able to convince the
court that adultery has in fact been committed.
However, the straying spouse does have some
defenses to a charge of adultery.
1. The
other spouse consented;
2. The other
spouse knew and forgave the straying spouse;
3.Statute of Limitations; more than 5 years
have passed from the discovery of adultery to the filing
of the divorce;
4. Recrimination: Both spouse
are guilty of adultery. A court cannot issue a divorce if
both spouses have had affairs.
Contact Us to Find Out More About the Grounds of Divorce
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Greetings!
Happy Spring:
For many people Spring is their favorite time of year.
It is a time of birth and a time of beginning anew. The
long winter months are behind them and they are
looking ahead to spending more time outdoors and
planning their much needed summer vacations. I
must admit that I don't like Spring. How to dress
poses a dilemma for me. I always find that I am
under-dressed or over-dressed and thus end up
feeling uncomfortable.
However, no matter
the season the Law Office of Angela Barker &
Associates is committed to help ease the transition
through the various life stages: whether it be a family
addition through adoption; or a change in the family
structure as a result of a marriage, divorce, or
separation. We are there for you as you buy or sell
your home, and we assist our clients in planning for
their or their loved ones' golden years and help them
pass their savings on to the next generation. People
are our business. For the benefit of our clients and
the communities we serve we have developed this
newsletter as a legal and consumer resource. Enjoy.
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| How To Provide For Your Children In A Will |
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Every adult needs a will but for parents of minor
children a will is an absolute necessity. Should
you and your spouse die prior to your children having
reached the age of majority, it is essential that
provisions are made for someone, a guardian, to step
into your shoes and raise the children as you would
wish.
You and your spouse can leave property to minor
children directly in your will. However, if you die before
the children become adults they will not be able to
take the money directly. The law would require that a
court-supervised guardianship be created. A court
will appoint someone to look after the money. A court-
supervised guardianship is very expensive to
administer and a lot of the money you leave behind
will be eaten up in court and attorney fees. It is better
to create a trust for your children. With a trust, you will
appoint someone, a trustee, to look after your
children's assets. A trust is not expensive to create
and administer. When the children becomes
adults the trust may be dissolved and the children
take outright possession of the trust assets.
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Contact Us To Find Out More About Creating Children's Trust! |
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| I'll Huff and I'll Puff and I'll Blow Your House Down |
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It seems that many homes today are being
constructed of materials not much sturdier than sticks
and straw. If you are thinking about constructing your
next home you need to be an informed and
knowledgeable buyer.
Problems in new construction run the gamut from
builders swapping expensive finishes for cheap and
shoddy products to leaving exposed wiring in the
home. To protect yourself from the unscrupulous
builder, here are 5 things you should do.
1. Only use a reputable builder;
2. Avoid
building during a construction boom cycle. Now is the
perfect time to build your dream house. The
residential construction industry has slowed
considerably and developers and builders are less
tempted to take shortcuts in order to keep up with
demand.
3. Have an iron clad contract. If you
want granite countertops or marble tiles make sure
that it is stated specifically in the contract;
4.
Supervise, supervise, supervise the building of your
dream home. If you cannot do it yourself appoint a
knowledgeable person to oversee the building
process;
5. Make sure that your builder has
the necessary permits and authorizations from the
local town boards.
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Contact Us About Buying or Selling a Home |
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