Lawyers

Maintenance As you may or may not know, there were significant changes to the domestic relations law (divorce law) and the family court act (family law) that took effect in the beginning of 2016 in New York. The most important components of those changes pertained to how courts provide temporary and final awards of maintenance (you may know it as alimony). In 2010, New York instituted a formula for temporary maintenance but stuck to a list of factors that they could use to change the what formula provides. Final awards of maintenance upon a divorce were still based on a list of factors. Since 2016 a formula is binding on all temporary and final orders of maintenance unless the court specifically deviates based on certain factors. Some of those factors included but were not limited to, the age and health of the parties, the present or future earning capacity of the parties, including a history of limited participation in the workforce, the reduced or lost earning capacity of the payee...

  Criminal Law Post Covid-19 The practice of criminal law has changed drastically in the last two years in New York due to the state’s enactment of a “no arrest” policy, followed by the Covid-19 pandemic. The experienced attorneys at  Glynn, Mercep & Purcell, LLP  have been keeping up on the effect of this new policy, as well as developments in the Courts caused by the pandemic. Both the no arrest policy and advent of the pandemic has drastically reduced the number of people who even though they are charged with crimes, are arrested. Instead many people were given summonses to go to Court on a future date. Since March 2020 until approximately June 2021, most of those defendants charged with crimes had their cases delayed because the courts were either closed or operating virtually through Microsoft Teams (similar to Zoom). While we at  Glynn, Mercep & Purcell, LLP   have continued to defend our clients who are charged with crimes most vigorously, and hav...

 New York Adds Domestic Violence as a New Factor to Consider for Equitable Distribution  Homegrown Relations Law §236 now incorporates aggressive behaviour at home as a factor to think about while deciding impartial appropriation in New York.  At the point when the Legislature corrected Domestic Relations Law (DRL) §236B(5)(d) in April 2020 by adding another factor that the court should consider in dispersing property between separating companions, they suggested it be on future marital case just as existing case law. The corrected law basically orders that the court consider "regardless of whether either party has submitted a demonstration or demonstrations of abusive behaviour at home, as portrayed in [Social Services Law §459-a] against the other party and the nature, degree, span, and effect of such demonstration or acts." DRL §236B(5)(d)(14).  Abusive behaviour at home causes physical, enthusiastic, and mental impacts on the person in question. Consequently, th...

  Can I Keep My Car Under Chapter 7 Bankruptcy? If you are declaring Chapter 7 bankruptcy in New York, there are things you need to know when it comes to your car. You Own Your Car Outright In every  Chapter 7 Bankruptcy , a Trustee is appointed to administer you case. When you file Chapter 7, all property that you own as of the filing date belongs to the Trustee. While in Bankruptcy, you cannot sell any of your property. Part of the Chapter 7 Trustee’s responsibility is to liquidate and sell what is considered “non-exempt property” in order to satisfy the claims of your creditors. When it comes to motor vehicles, the Bankruptcy Code allows you to retain your vehicle under certain situations. Suppose that you own a motor vehicle that is fully paid off and you own outright. Can you keep it in a Chapter 7 ? The answer to that question depends upon what the fair market value of the vehicle is. Under New York Law, a Bankruptcy Debtor can retain a motor vehicle with equity up to $4...

  Experienced Lawyer Resolves Complex Immigration Matters   Devoted Law Firm Takes On Issues with Visas, Deportation, and More   On the off chance that you are facing an immigration bond hearing or evacuation (deportation) proceeding, or you need assistance with acquiring a visa or asylum, you don't need to explore the system on your own. At Shankar and Associates, PC our Immigration Lawyer Nassau has experienced it. We use that experience to assist clients with their immigration matters.   Aiding Clients through the Immigration Bond Process and Building Eligible Defences in Removal Proceedings   Certain immigrants might be detained before and/or throughout removal proceedings by Immigration and Customs Enforcement (ICE) or the Department of Homeland Security (DHS). Detainment could be because of illegal entry, overstaying a visa, or crime, however, removal proceedings could require months and even years. We can explain the immigration bon...

Existing Personal Injury Claims Since the Start of the Covid-19 Pandemic Many clients of Glynn, Mercep & Purcell, LLP who had pending personal injury cases resulting from automobile accidents before the pandemic, have called us inquiring about the status of their cases. Some were concerned that the physical closing of the courts would seriously delay the resolution of their personal injury cases . Others asked about the scheduling (or rescheduling) of depositions, physical examinations and court conferences. While some of these obligations did have to be delayed, much work has been done by us at Glynn, Mercep & Purcell, LLP on client’s cases. If fact, some of the time we previously expended driving to and from the courthouse for conferences has been used to conference cases with judges and court clerks by telephone or electronically. We have also had more time to obtain medical records and reports and forward them to insurance companies for their review. As a ...

  Uncontested Divorces When you think of a divorce, the first thing that comes to mind is probably a lot of heavy emotions and bitter fighting. Not to mention a whole lot of dollar signs! At Beckerman & Granados, PLLC we have some good news for you. Since October of 2010, New York became a “No Fault” State in our Domestic Relations Law . This means that we’ve joined the rest of the country in seeking a divorce without the need of the traditional and messy “grounds” previously required. Some states eliminated the “fault grounds” completely while others simply added the “no fault” grounds to the list. New York is one of those states where you still have the option to file under one of the traditional “Fault grounds.” Be warned, although you have the ability to file under the traditional grounds, it may not be in your best interest to do so. The “grounds” for the divorce are simply the manner which we are asking the court to hear our case and grant the divorce. Th...