Essex Family Law Lawyer, New York

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Includes: Collaborative Law, Domestic Violence & Neglect, Paternity, Prenuptial Agreements

Debra Ann Whitson Lawyer

Debra Ann Whitson

VERIFIED
Family Law, Divorce, Child Support, Child Custody, Divorce & Family Law

For the first half of her career, Debra Whitson was a prosecutor, and she spent the latter half specializing in Matrimonial and Family Law. She is an ... (more)

Aaron Turetsky

Family Law, Divorce & Family Law, Criminal
Status:  In Good Standing           Licensed:  37 Years

James William Clute

Landlord-Tenant, Wills, Family Law, Personal Injury
Status:  In Good Standing           Licensed:  50 Years

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LEGAL TERMS

PROVOCATION

The act of inciting another person to do a particular thing. In a fault divorce, provocation may constitute a defense to the divorce, preventing it from going t... (more...)
The act of inciting another person to do a particular thing. In a fault divorce, provocation may constitute a defense to the divorce, preventing it from going through. For example, if a wife suing for divorce claims that her husband abandoned her, the husband might defend the suit on the grounds that she provoked the abandonment by driving him out of the house.

PETITIONER

A person who initiates a lawsuit. A synonym for plaintiff, used almost universally in some states and in others for certain types of lawsuits, most commonly div... (more...)
A person who initiates a lawsuit. A synonym for plaintiff, used almost universally in some states and in others for certain types of lawsuits, most commonly divorce and other family law cases.

MARRIAGE LICENSE

A document that authorizes a couple to get married, usually available from the county clerk's office in the state where the marriage will take place. Couples pa... (more...)
A document that authorizes a couple to get married, usually available from the county clerk's office in the state where the marriage will take place. Couples pay a small fee for a marriage license, and must often wait a few days before it is issued. In addition, a few states require a short waiting period--usually not more than a day--between the time the license is issued and the time the marriage may take place. And some states still require blood tests for couples before they will issue a marriage license, though most no longer do.

DIVORCE AGREEMENT

An agreement made by a divorcing couple regarding the division of property, custody and visitation of the children, alimony or child support. The agreement must... (more...)
An agreement made by a divorcing couple regarding the division of property, custody and visitation of the children, alimony or child support. The agreement must be put in writing, signed by the parties and accepted by the court. It becomes part of the divorce decree and does away with the necessity of having a trial on the issues covered by the agreement. A divorce agreement may also be called a marital settlement agreement, marital termination agreement or settlement agreement.

INCOMPATIBILITY

A conflict in personalities that makes married life together impossible. In a number of states, incompatibility is the accepted reason for a no-fault divorce. C... (more...)
A conflict in personalities that makes married life together impossible. In a number of states, incompatibility is the accepted reason for a no-fault divorce. Compare irreconcilable differences; irremediable breakdown.

ADOPT

(1) To assume the legal relationship of parent to another person's child. See also adoption. (2) To approve or accept something -- for example, a legislative bo... (more...)
(1) To assume the legal relationship of parent to another person's child. See also adoption. (2) To approve or accept something -- for example, a legislative body may adopt a law or an amendment, a government agency may adopt a regulation or a party to a lawsuit may adopt a particular argument.

FMLA

See Family and Medical Leave Act.

LAWFUL ISSUE

Formerly, statutes governing wills used this phrase to specify children born to married parents, and to exclude those born out of wedlock. Now, the phrase means... (more...)
Formerly, statutes governing wills used this phrase to specify children born to married parents, and to exclude those born out of wedlock. Now, the phrase means the same as issue and 'lineal descendant.'

HEAD OF HOUSEHOLD

A person who supports and maintains, in one household, one or more people who are closely related to him by blood, marriage or adoption. Under federal income ta... (more...)
A person who supports and maintains, in one household, one or more people who are closely related to him by blood, marriage or adoption. Under federal income tax law, you are eligible for favorable tax treatment as the head of household only if you are unmarried and you manage a household which is the principal residence (for more than half of the year) of dependent children or other dependent relatives. Under bankruptcy homestead and exemption laws, the terms householder and 'head of household' mean the same thing. Examples include a single woman supporting her disabled sister and her own children or a bachelor supporting his parents. Many states consider a single person supporting only himself to be a head of household as well.

SAMPLE LEGAL CASES

Chowdhury v. Rodriguez

... II. Labor Law § 240 (1) and § 241 (6). Labor Law § 240 (1) and § 241 (6) contain identical language exempting from the statutes "owners of one and two-family dwellings who contract for but do not direct or control the work" (compare Labor Law § 240 [1] with § 241 [6]). ...

MATTER OF SPENCER v. Spencer

... Under New York's version of UIFSA, "[a] tribunal of this state may not modify any aspect of a child support order that may not be modified under the law of the issuing state" (Family Ct Act § 580-611 [c]). In Connecticut, a court may issue an order of support for a child who is under ...

Ortega v. Puccia

... The defendants argued that summary judgment was appropriate under the single-family homeowners' exemption of Labor Law §§ 240 and 241. ... Unlike Labor Law §§ 240 and 241, section 200 does not contain any single- and two-family homeowners' exemption. ...