Robert Walter Dapelo’s Guides

Irretrievable Breakdown of the marriage New York's no-fault ground for divorce. Allegations under this ground do not have to include allegations of domestic violence and repeated, extreme mental cruelty. A claim of irretrievable breakdown does not involve any wrong doing by eithe...

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(a) The income and property of the parties including marital property and the distribution thereof; (b) The duration of the marriage and the age and health of the parties; (c) The present and future earning capacity of each party and ability to be self-supporting and, if a...

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The duration of the relationship and the age and health of both parties; The need of either party to occupy or own the marital residence and to use or own its household effects; The loss to either party of inheritance and pension rights upon dissolution of the relationship as of ...

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That the inevitable discover rule states that the evidence sought to be suppressed would have been discovered irrespective of the initial wrong and is therefore admissible. The inevitable discovery rule does not apply where the evidence sought to be suppressed is the very eviden...

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A frisk and any accompanying search of a suspect prior to arrest "must ... be confined in scope to an intrusion reasonably designed to discover guns, knives, clubs, or other hidden instruments for the assault of the police officer." Terry v. Ohio, supra, 392 U.S. 1, 29 (1968). T...

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It is axiomatic that the essential consideration in making an award of custody is the best interests of the child. Eschbach v. Eschback, 56 N.Y.2d 167, 451 N.Y.S.2d 658 (1982); Neuman v. Neuman, 19 A.D.3d 383, 796 N.Y.S.2d 403 (2nd Dept. 2005); Chebuske v. Burnhard-Vogt, 284 A.D....

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Marriage between a man and a woman, involving obligations owed by the spouses to one another and especially to the children their union creates, has been a virtually universal social institution. David Blankenhorn, The Future of Marriage 91 (2007); G. Robina Quale, A History of M...

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As this Court has explained, The State Constitution provides for a distribution of powers among the three branches of government (see N.Y. Const., art. III, s. 1; art. IV, s. 1, art. VI). This distribution avoids excessive concentration of power in any one branch or in any one ...

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DEMAND LETTER TO: ______________________ Date: Name of Defendant ________________________ ________________________ Address You have not paid a debt owed to _______________________________________________, which you incurred on _________________...

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If your spouse or significant other engages in harassment toward youself. An order of protection is available through family court and district court. Section 240.25 Harassment in the first degree A person is guilty of harassment in the first degree when he or she intention...

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