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No-Fault Divorce on Front Burner
New York remains the only state in the union without a no-fault divorce provision on its books. Domestic Relations Law ' 170 authorizes divorce on grounds of adultery, abandonment and cruel and unusual treatment, but the closest thing to a no-fault divorce in this state is the recorded separation agreement followed by a year of living separately. Although this last ground might seem simple enough to comply with, it requires agreement by the parties and the often-expensive maintenance of separate residences before the marital assets have been distributed. If the New York State Bar Association has its way, all this will soon change.
Proposed Amendments
The state's Bar Association in August proposed amendments to ' 170 that would add a no-fault ground for divorce, as well as two other new bases for dissolution of marriages in New York. Under the state bar proposal, parties could divorce if they claimed that their marriage was irretrievably broken. If one party declined to make such a declaration, the court would be allowed to consider the facts of the case and decide whether the marriage was indeed irretrievably broken. The law would also allow for a divorce if the couple lived apart for 12 months immediately before an action was begun. Finally, a judgment of divorce could be granted if a husband and wife consented under oath to such a decree. Under all these provisions, the court would not enter a judgment of divorce until the economic issues of the marriage, including distribution of marital property and child support, had been resolved. The NYSBA Executive Committee expects to have this legislation introduced early in the 2005 session, but it does not yet have a sponsor in the legislature.
Major Differences In UK, U.S. Copyright Laws
This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
The Article 8 Opt In
The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.
Strategy vs. Tactics: Two Sides of a Difficult Coin
With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.
Legal Possession: What Does It Mean?
Possession of real property is a matter of physical fact. Having the right or legal entitlement to possession is not "possession," possession is "the fact of having or holding property in one's power." That power means having physical dominion and control over the property.
Removing Restrictive Covenants In New York
In Rockwell v. Despart, the New York Supreme Court, Third Department, recently revisited a recurring question: When may a landowner seek judicial removal of a covenant restricting use of her land?