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Anthony Gerard Buono

Anthony Buono’s Legal Guides

38 total

  • NEW YORK DIVORCE:MARITAL FAULT IS NOT A FACTOR IN EQUITABLE DISTRIBUTION

    In New York State, a married couple's marital property is subject to equitable distribution in a divorce action. The "equitable" distribution of marital property is determined by the set of fourteen factors listed in the Domestic Relations Law. None of these factors is marital fa...

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  • New York Custody Hearings:Failing to Testify or Call a Witness

    In a New York Family Court proceeding when a party does not testify to rebut allegations against him or her the Family Court is permitted "to draw the strongest inference against him as the opposing evidence would allow." This is because the right against self-incrimination and o...

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  • New York Custody Hearings:Corroboration of a Child's Out-of-Court Statement

    In neglect and custody proceedings a child's out-of-court statement claiming abuse or neglect may be admissible if it is corroborated sufficiently. As with the types of circumstances that give rise to this exception to the hearsay rule, the definition of corroboration is very bro...

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  • New York Custody Hearings: Using A Child's Out-of-Court Statements

    Proving in court child abuse or mistreatment can be difficult. Often we only have a child's out-of-court statements to a parent or a third party and very little other proof. An evidentiary problem arises in this situation since out-of-court statements are hearsay. Hearsay stateme...

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  • New York Visitation: When a child and the non-custodial parent do not get along.

    Visitation with a non-custodial parent is presumed to be in the best interests of a child. The denial of visitation is justified only for a compelling reason. This may include a variety of situations where visitation has been detrimental to the child or could be detrimental or da...

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  • New York Divorce Jurisdiction

    In order for the State of New York to have jurisdiction over the parties to a divorce action the residency requirements of Domestic Relations Law section 230 must be satisfied. There are a number of ways that they can be. The most common and simplest way is that the grounds upon...

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  • The New York Do It Yourself Divorce Nightmare

    The other day I had a client come in to see me about a divorce. He brought with him the Uncontested Divorce Form Packet and Instructions Packet from the New York Unified Court System. His estranged Wife had given him the packets and told him to figure out how to do their divorce....

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  • Child Support: Inheritance as Income in New York

    In New York a court must consider all of a parents resources in determining an appropriate amount of child support. So an inheritance or a gift can be counted as income or as a resource available for purposes of calculating child support. This is done more often in cases where th...

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  • More Facebook Traps to Avoid

    Facebook is a complex trap for divorce litigants. Even if you do not post on Facebook and you just watch what your friends are doing on Facebook, you can still fan the flames of discord in your divorce. The Like button has become an issue in some divorces that I have seen. So bef...

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  • You Can Buy A House While Getting Divorced

    In a New York divorce action any property purchased or acquired by a party after the commencement date of the divorce action is their separate property. Separate property, is not subject to equitable distribution. So if you purchase a house while your divorce action is pending, i...

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