New Law Could Bring No-Fault Divorce to NY
Posted on | June 28, 2010 | No Comments
New York is the only state left in the union that does not have a no-fault divorce. As it stands now, divorcing couples must find a specific reason for the marriage to end. That may change, as the state senate has approved a bill that would permit a no-fault divorce.
A no-fault system would allow a divorcing couple to claim “irreconcilable differences” as the reason for a divorce. Those who support the change say that the current law sometimes forces parties in a divorce suit to lie about the reasons for a divorce, effectively perjuring themselves. New York currently offers three ways of proving fault in a divorce: adultery, abandonment, and inhumane treatment.
As an example of the absurdity of the current law, for a spouse to prove abandonment, he or she must prove that the other spouse has refused requests for sex for at least a year. Even if this is a lie, the parties have to accept it as the truth if they wish to get divorced in New York.
Critics of the proposed law suggest that a no-fault divorces would ruin the protection some wives have that stay at home or care for the children. Current law gives women leverage against husbands who hide their assets before pursuing a divorce.
To learn more about Suffolk County Divorce law and family law, contact Ronkonkoma Divorce Attorney Susan A. Kassel at 631-738-6761. You can visit her website at http://www.divorcesuffolkcounty.com/ for additional information.
Tags: new york divorce > no-fault divorce > suffolk county divorce
How Driving Under the Influence Convictions for Non-Citizens are Handled Under Present Law
Posted on | June 7, 2010 | No Comments
Typically non-residents of the United States could possibly be deported as soon as they are guilty of criminal offenses involving moral turpitude or an aggravated felony. A variety of unlawful acts, drug crimes and domestic physical violence, often times end up in deportation of the non-citizen upon conviction.
Aggravated felony has a very specific meaning under immigration rules which may perhaps differ from state regulations. Non-citizens guilty of aggravated crimes will in all probability have no relief from deportation. If they are deported, this conviction would certainly ban them forever from coming back to the United States. Some criminal acts are unconditionally aggravated felonies, including murder, sexual harm and robbery. A number of misdemeanors are regarded as aggravated felonies. Misdemeanor sexual abuse of a minor, under immigration rules, is viewed as an aggravated crime.
A non-citizen might be deported if perhaps the conviction entails moral turpitude. The actual crime must have been committed inside of five years of the entry to the United States. The sentence for the crime needs to be one where the imprisonment is in excess of one year.
In Illinois for example, in cases where you have been guilty of driving while under the influence of alcohol, the conviction is not viewed as involving moral turpitude or an aggravated criminal offense. However, if the non-citizen furnishes bogus information to the police, that would definitely amount to a crime of moral turpitude. In cases where you get multiple convictions for DUI in the State of Illinois, the subsequent convictions aren’t treated as a crime of moral turpitude. Even when the conviction is for Felony Aggravated Driving Under the Influence, immigration law won’t view the conviction as an aggravated criminal offense or a moral turpitude offense.
On the other hand, when people who are convicted of numerous DUIs, they usually have a companion driving while license revocation or suspension charge or the justification for the aggravated DUI was the license suspension, immigration regulation sees the conviction as one of moral turpitude. This kind of conviction may well lead to the deportation of the noncitizen.
There are some online websites like Dupage County DUI which have more details relating to these issues. Immigration authorities don’t actively search for non-citizens convicted of driving offenses. Nonetheless, issues may arise when the alien renews the work permit or visa. It’s solidly recommended that if you’re not a United States Citizen, you should confer with an Attorney who’s knowledgeable in both Criminal Law and Immigration Law.
Tags: aggravated crime > aggravated felony > conviction > crime > criminal offenses > deportation > domestic physical violence > drug crimes > dui > dwi > felony > immigration > influence of alcohol > license revocation > misdemeanors > murder > non-residents > robbery
Contact Susan A. Kassel, P.C.
Posted on | April 7, 2010 | No Comments
The Law Offices of Susan A. Kassel, P.C.
New York Lawyer Serving Suffolk County
The Law Offices of Susan A. Kassel, P.C., represents individuals, families, professionals and small-business owners throughout Suffolk County, including the South Shore, East Islip and major cities in the area. Through the convenience of offices in two locations, we make ourselves readily available for clients.
As a New York law firm in Suffolk County, the Law Offices of Susan A. Kassel, P.C., concentrates the majority of its practice on representation of divorce cases along with family law matters.
Originally, the firm focused on divorce and family law, representing thousands of divorces and family-court cases. Family law matters led to other client needs after a divorce, such as new wills, modified estate planning and criminal matters involving orders of protection. As a natural expansion of our capabilities, our firm now serves clients in criminal law, estate planning and real estate. Through 14 years of considerable experience, we have established many long-term relationships with our clients. Our firm not only has a deep understanding and compassion for our clients’ concerns but also provides aggressive and effective representation to protect their interests.
Geographical Emphasis on Suffolk County
Our firm serves individuals, professionals and small-business owners and limits representation to clients throughout Suffolk County, including the South Shore, East Islip and major cities in the area. Our firm is well regarded and has established excellent working relationships with regional courts and judges.
Areas of Focus
We focus our practice on divorce and family law, criminal law, estate planning and some aspects of real estate.
Fathers’ Rights
A legal movement in family law that is gaining momentum in New York is the area of fathers’ rights. On behalf of fathers, our firm strives to level the playing field in terms of gaining child custody, more extensive visitation rights and a more equitable share in the burden of child support.
We provide a free initial consultation for family law and criminal law cases with a time limitation based on the attorney’s discretion. Feel free to contact our law office at 631-738-6761 intake form or contact us through our online to discuss how we can assist you or someone you care about.
The Law Offices of Susan A. Kassel in Ronkonkoma, New York provides legal representation to clients in Criminal Law, Family Law, Divorce / Separation and Estate Planning & Probate.
We serve Suffolk County and the local communities of Ronkonkoma, Riverhead, Bayshore, Islip, Holtsville, Stony Brook and Babylon.