An Overview of Divorce in New York State

 

Gordon Burrows

Gordon Burrows, an attorney with more than three decades of experience, has had a matrimonial and family law practice in White Plains, New York, since 2004. In this position, Gordon Burrows represents clients in divorce cases and custody and child support disputes.

New York is a no fault divorce state, meaning one spouse may begin divorce proceedings by claiming an irretrievable breakdown of the relationship. In this situation, any marriage of more than six months duration in the state of New York can be ended by a divorce. There are a multitude of additional grounds for divorce, assuming an individual requires a more expedient dissolution of the marriage or has a legal incentive to describe their reasons for ending the marriage. Cruel and inhumane treatment by one spouse, abandonment, adultery, and a legal divorce following physical separation are a few common examples of grounds for divorce.

Prior to filing for divorce in New York, individuals must meet a number of residency requirements. In most cases, at least one spouse must have been a resident of the state for a minimum of two years before filing. Exceptions to this rule range from the marriage taking place in New York or the grounds for divorce occurring within the state, in which case residency requirements are reduced to one year.

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Social Media and Divorce Law

 

Gordon Burrows

Gordon Burrows serves as a matrimonial and divorce lawyer working in White Plains, New York. Divorce is a major practice area for Gordon Burrows, and he was instrumental in a case that allowed Facebook page information to be used as evidence in a custody battle to prove that one parent was often away from home.

In an era when almost seven in 10 US citizens use some sort of social media platform, websites and apps like Facebook and Instagram have increasingly become a factor in modern divorce. Though these platforms seem private, friends and family can often catch wind of an angry post related to a recent ex. In some cases, social media posts are admissible as evidence against someone in divorce or child support proceedings. Even text messages must be carefully considered since these private messages can sometimes be subpoenaed.

Many divorce lawyers advise against social media use altogether during a divorce or separation, but posts that indicate anything about your financial situation or your relationship status are especially dangerous. Family situations are typically very tense, delicate, and volatile, and even a seemingly innocent post could end up being taken the wrong way. Divorce is stressful for many people, and social media can make that much worse.

NYSBA Celebrates New Law Requiring the Recording of Interrogations

 

NYSBApic

NYSBA
Image: NYSBA.org

A matrimonial and family law attorney based in White Plains, New York, Gordon Burrows graduated from St. John’s University School of Law with his JD over 30 years ago. Since then, he has practiced law in various capacities and serves as the county legislator for Westchester County’s 15th District Court. Active in the professional community, Gordon Burrows belongs to the New York State Bar Association (NYSBA).

Dedicated to informing and educating the public and legal professionals, the NYSBA regularly promotes new legislation. In April, the organization announced that it had finally succeeded in helping pass a new law relating to interrogations, after supporting it for more than a decade.

This new law was included in the 2017-2018 budget and went in to effect on April 1, 2018. According to the new rules, law enforcement agencies must record custodial interrogations using video when questioning a person accused of a serious crime. In doing so, the NYSBA hopes to prevent wrongful convictions and prosecutions within the state. Courts may deem a confession inadmissible if the interrogation of the person was not video recorded.

The road to getting this legislation passed began in 2004 when the NYSBA first began drafting a law that required interrogations to be recorded. Two years later, the organization received grant funds to purchase video equipment for district attorneys around the state.

In 2009, the NYSBA’s Task Force on Wrongful Convictions released a comprehensive report examining wrongful convictions in the state, and by 2015, NYSBA announced that it had drafted a bill requiring the recording of interrogations alongside the District Attorneys Association of the State of New York and the Innocence Project.

Finally, Gov. Andrew M. Cuomo presented the legislation in 2017, and the measure was subsequently enacted.

A Brief Introduction to Grounds for Divorce in NY State

 

Smith, Buss and Jacobs, LLP pic

Smith, Buss and Jacobs, LLP
Image: sbjlaw.com

Gordon Burrows began his legal career as an assistant district attorney in the Westchester County Attorney’s office. Between 1988 and 1996 he served as an attorney in various law offices, including time as head of the matrimonial department at Smith, Buss and Jacobs, LLP. For nearly 15 years, Gordon Burrows has worked as a solo practitioner of matrimonial and family law in White Plains, New York.

When it comes to the legal dissolution of a marriage, New York is a no-fault state, meaning one or both spouses can enact divorce proceedings on the grounds of irreconcilable differences. However, spouses may still claim a variety of additional grounds for divorce, from cruel and inhuman treatment to adultery.

Should one spouse abandon their partner for one or more years, or be imprisoned for three or more consecutive years following marriage, the latter party may initiate divorce proceedings. Similarly, should two spouses find themselves living apart from one another for a period of at least one year, either party may make a request for a formal legal separation. For more information regarding grounds for divorce in the state of New York, individuals should contact a reputable family law practitioner.