New York Family Law Blog

A New York Family Lawyer said the appellant of the case is Harry Louis Eckel who is represented by Dennis A. Barbarisi, from Fort Walton Beach. The appellee of the case is Anita Karla Eckel who is represented by John P. Townsend of Chesser, Wingard, Barr & Townsend in Fort Walton Beach.

The Appeal

Harry Louis Eckel is seeking an appeal from an order made by the circuit court that dismisses his petition for dissolution of his marriage based on lack of personal jurisdiction.

Case History

The appellant and the appellee were married in May of 1981 in the city of Queens, New York. The couple lived in West Germany until May of 1983 when the wife left Germany and moved to the city of Montgomery in Alabama. The appellant filed a dissolution of marriage petition in Okaloosa County, Florida stating he is currently residing there and has lived in the county for at least half a year prior to the petition being filed.

The wife motions to dismiss the petition as she states the court lacks jurisdiction over the case because her husband had not been a resident physically in the state of Florida for at least half a year before he filed the petition for the dissolution of the marriage.

A court hearing was held for the motion to dismiss and the wife appeared at the hearing. A New York Criminal Lawyer said she contested the jurisdiction of the court stating that she had never lived in Florida. However, the husband had lived in Florida when he was a member of the Air Force from 1964 to 1971. He bought a home in Okaloosa County in the year 1970 and has maintained ownership of the home over the years. He left Florida in 1971 as he was stationed in West Germany from 1971 through 1975. In 1975, he retired from the military and then lived in Florida for a time period of six months. He was then hired by the United States Department of Defense as a civilian employee and relocated to West Germany. He has lived in West Germany until the petition was filed. Despite not physically living in Florida for a number of years, the husband has maintained a bank account with Eglin Federal Credit Union and has a driver’s license from the state, which is current, and has voted in Florida since the year 1968.

Court Discussion and Verdict of Appeal

When in the military a state of residence is where the individual resided prior to being deployed somewhere else. A Brooklyn Family Lawyer said that in this particular case there is no evidence to show that the husband has had a legal residence located in any other state other than Florida. There is also no evidence to show that the husband has had any inclination, since 1970 when he was a member of the military or working as a civilian for the military, to make any other state besides Florida his home.

For these reasons, we do not find any support either in facts provided by the case or in the law that are sufficient for holding the original verdict of the court for dismissal of the petition. We are reversing the order of the previous court and grant the appeal to the husband.

Have you found yourself in legal trouble? If you are involved in a divorce proceeding, or have a child custody issue, contact Stephen Bilkis & Associates. They have offices located throughout the city of New York and can help you determine what steps you should take in order to solve your legal dilemma. You may call the office to set up a free consultation at any time.

Alabama legislators are considering a bill that would almost completely change the way that Alabama’s judges are able to order divorcing parents with children to divide their time with their children. If the bill in its current form passes, it would stipulate that provided both parents are fit parents, they would share equal custody and responsibility in raising their children after the parents’ divorce.

Sponsors of the bill informed a New York Family Lawyer that this seeks to address a long standing issue of one of the parents’ relegated to only a few hours of visitation with their children each month. It is in their opinion that by having both parents included in their children’s lives that the children will no longer feel like they are being pulled in two separate directions. They further add that as a part of the divorce the parents would be required to submit a parenting plan to the court that would stipulate what parts of their children’s lives they would be responsible. In case the parents would disagree, the parents would alternate years of certain responsibilities.

However, opponents contend that a “blanket fix” will not necessarily work, and that judges need the flexibility to decide what is in the child’s best interest. These opponents went on to add that the alternate year proposal could be detrimental to the children in that they may be permitted to do one thing the year when one parent makes the decision, and not be allowed to do the same thing when the other parent decides the following year. This is not the type of consistency and stability that children need.

At least one of the major concerns to this bill still needs to be addressed. For instance, the need to determine the suitability of each of the parents will need to be determined before the parenting plan could be implemented. At least one of the arguments is that if either of the parents has a criminal history. In many instances, a parent who has a history of drugs or violence may be deemed as unsuitable to participate in this type of parental agreement.

Although the bill is presently before the Alabama senate, there continue to be many questions that require answers before this bill should become law.

Whether you are in the process of a divorce, need to file a paternity suit, or require an order for protection, it is important to obtain skilled legal advice. Whatever your family law problem, our team can ensure that your case is handled professionally and with the utmost care.

Continue reading "Alabama Legislators Promoting Equal Parent Time" »

The Recession of 2007-2009 presented many people worldwide with problems that most had never seen before in their lifetimes. Although the global economy continues to struggle, most would agree that the recession is easing and many are beginning to put their lives back in order. A Brooklyn Divorce Lawyer has learned that although many couples are getting their finances back on track, there are others who have decided to call it quits as a couple.

Those who have studied certain points in history, such as the Great Depression, and various recessions and depressions that have occurred since, have indicated that most couples have a tendency to stick together during times of economic hardship. However, once better times begin to emerge, there is usually an increase in the number of divorces that are filed. While there is some discussion as to the exact cause for this, many do agree that when the prospects appear better to exit a bad marriage, that many people will take that path. This often occurs more whenever financial prospects appear better than when it does not.

While the economic recession may be concluding for many, there are perhaps just as many who continue to have financial difficulties. The number of personal bankruptcies being filed remain at similar levels, and that the financial stress continues to cause many couples to have problems. Financial stress is one of the biggest reasons that couples file for divorce. Many couples continue to struggle with mortgage payments that both parties submitted to without issues during better economic times, but when the economy soured so did their credit scores and bank accounts.Not to mentioin, if children are involved, the high legal costs asscoiated with a child custody battle, equitable distribution or child support payments.

Post-recession divorces affect everyone, including the affluent. There may be at least one big difference between divorces involving the affluent and divorces involving others. Most of the affluent couples who are seeking divorce are primarily concerned with their own financial portfolio than how the economy has affected it. In other words, they may be more inclined to divorce if their financial status will improve afterwards.

Regardless of what the reasons are that bring couples to a Brooklyn Divorce Lawyer, seeking financial help before it is too late is imperative to protect everyone concerned.

Continue reading "Divorce Numbers Rise as Economic Recession Passes " »

Gov. McGreevey and his estranged wife have started to move towards their divorce by entering court. This comes after many months of chaos and public scrutiny. There is no word of a settlement so far as the Judge, Karen Cassidy, hears arguments about the custody of the McGreevey's daughter who is in Kingergarten.

The couple has been arguing over custody and money for the past few months.

Dina Matos McGreevey, 41, is asking for $600,000 for injury sustained because her husband had to resign in disgrace after admitting he was gay and had an affair with a male staffer who says he was harassed and was not a willing sex partner of the governor's. If this situation happened in Brooklyn and Manhattan it would be wise to consult with a NY Family Lawyer.
The ex governor is studying to be a Protestant Priest and Dina is working as a political and social analyst on television.

Continue reading "Gay Ex-Governor's Divorce Trial Is On" »

Jaime Pressly has not had a great year so far.

It has only been three weeks since Pressly, 33, was pulled over under the suspicion of drinking and driving. Now, many close friends of Pressly say she and her husband, Simran Singh, are getting a divorce. Singh is an entertainment lawyer.

One source told UsMagazine that “They are done.” The couple was married September 2009 in Malibu. The small ceremony was with some of the couple’s closest friends. The couple have has been married for almost two years.

“It’s over,” another source said. “I don’t think they have officially filed anything yet though.” The sources were not able to give a reason for the break up, a New York Family Lawyer added.

Pressly, an actress who plays in the television show “My Name is Earl,” has a son name Dezi. Dezi is her three-year-old son. Singh is not the biological father of Dezi. Pressly’s ex-fiancé, Eric Cubiche, is Dezi’s father. Divorce cases in Brooklyn and Long Island are often decided by the presiding judges.

The source said that Pressly is more concerned about how Dezi will be affected by the split. “She doesn’t want to confuse him. Her baby is her top priority. She is a strong girl though and she will come out of this fine.” A child custody battle would add another dimension to the divorce if Singh did ask for custody. It is unclear if Singh adopted Dezi when the couple was married.

Other reports state that Pressly’s ex-fiancé may be trying to get custody of Dezi after this occurrence. Three weeks ago, Pressly was arrested under the notion of DUI, a New York City Family Lawyer reported. It is unclear if Cubiche will actually file for child custody.

Continue reading "Jaime Pressly splits from husband, a New York Family Lawyer says." »

Actually, I think this should be something like common sense. Saying the unexpected or the controversial has a price. Losing your job is only one part of the potential price you pay for non-conformity. You may keep your job but be given the silent treatment by colleagues; many would find loss of bonhomie nearly as frightening as loss of a paycheck. Exercise of free speech can certainly damage family relations; one theory of the Ronald Reagan-Jane Wyman divorce is that it came because Reagan was willing to testify before Congress on communist influence in Hollywood. Many might consider a divorce more drastic than losing a job.

If you are a party in a divorce in Brooklyn or the Bronx, it is crucial to have a N.Y. Family Lawyer representing you. The custody of your children either full or joint and visitation privileges could be at stake. A capable New York Family Lawyer will be able to get results that you can live with. Child abuse and neglect may cause the court to issue an order of protection.

Simply guaranteeing employment will not foster intellectual independence. If you want to go that route, you'll have to guarantee that every tenured professor gets to keep his or her friends and stay married as well.

Continue reading "Ron Reagan Divorce Caused By Congressional Testimony? " »

A civil trial in Staten Island involving Children’s Services and top federal lawyer was ruled a mistrial. She indicated that Children’s Services entered her home in Staten Island and conducted an illegal search of the home.

The jury in this case didn’t feel that the cps or caseworkers were acted irresponsibly but did award $100,000 to the woman. New York Family Lawyers report that the woman refused to allow the caseworkers into her home when they came searching for her brother’s three young children over a year ago. Brooklyn Federal Judge David Trager said it appears that the jury thinks that the city should foot the bill on this one.

Massachusetts authorities were investigating allegations of child abuse and thought that the children might be in the home, however, the out of state court order was not valid in New York. And, as it all turned out, the children were not in her home. New York Family Lawyers may be needed to help with the details of this case especially since children are involved.

Continue reading "Mistrial Ruled In A Case Involving Children’s Services says New York Family Lawyer" »

Aaron Johnson, who recently starred in the hit comic book film “Kick-Ass” is getting ready for the birth of his first child, reports a New York Family Lawyer. The star, who is currently only 19 years old, is in a relationship with a director of another of his films, “Nowhere Boy,” which tells the story of a young John Lennon, of Beatles fame. The director is Sam Taylor-Wood, who is now 43 years old, more than twice Johnson’s age. The relationship started on the set of their film, and has now blossomed into a full relationship, with a baby on the way.

Taylor-Wood has two children from a previous marriage, one only 6 years younger than Johnson. She has also survived two different bouts with cancer, the first colon cancer in 1997, the other breast cancer in 2000. A New York Family Lawyer points out that Johnson would have been 6 and 9 years old at the time of both battles with cancer.

Both Johnson’s parents and Taylor-Woods friends have given their blessing to the relationship, and all currently looks to be coming out rosy for the May-December romance. No date is currently set for the marriage ceremony, although the couple has stated to New York Family Attorney that they desire to have a private celebration.

If you have any family related legal disputes, your best option is to contact a New York Family Attorney. Court battles over custody can be difficult and emotional, and a New York Family Attorney will get the results that are in the best interest of your precious children.

Continue reading "Young stud movie star with pregnant cougar fiancé, states New York Family Lawyer" »