Oxford Family Law Lawyer, New York
Includes: Collaborative Law, Domestic Violence & Neglect, Paternity, Prenuptial Agreements
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Rosemarie Richards
Bankruptcy, Family Law, Adoption, Real Estate
Status: In Good Standing Licensed: 23 Years
156 Coye Brook Rd, South New Berlin, NY 13843
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LEGAL TERMS
BRIEF
A document used to submit a legal contention or argument to a court. A brief typically sets out the facts of the case and a party's argument as to why she shoul... (more...)
A document used to submit a legal contention or argument to a court. A brief typically sets out the facts of the case and a party's argument as to why she should prevail. These arguments must be supported by legal authority and precedent, such as statutes, regulations and previous court decisions. Although it is usually possible to submit a brief to a trial court (called a trial brief), briefs are most commonly used as a central part of the appeal process (an appellate brief). But don't be fooled by the name -- briefs are usually anything but brief, as pointed out by writer Franz Kafka, who defined a lawyer as 'a person who writes a 10,000 word decision and calls it a brief.'
GUARDIAN
An adult who has been given the legal right by a court to control and care for a minor or her property. Someone who looks after a child's property is called a '... (more...)
An adult who has been given the legal right by a court to control and care for a minor or her property. Someone who looks after a child's property is called a 'guardian of the estate.' An adult who has legal authority to make personal decisions for the child, including responsibility for his physical, medical and educational needs, is called a 'guardian of the person.' Sometimes just one person will be named to take care of all these tasks. An individual appointed by a court to look after an incapacitated adult may also be known as a guardian, but is more frequently called a conservator.
CONFINEMENT IN PRISON
In most states with fault divorce, grounds for a spouse not in prison to obtain a fault divorce if the other spouse has been imprisoned for a certain number of ... (more...)
In most states with fault divorce, grounds for a spouse not in prison to obtain a fault divorce if the other spouse has been imprisoned for a certain number of years.
MARITAL SETTLEMENT AGREEMENT
See divorce agreement.
PATERNITY SUIT
A lawsuit to determine the identity of the father of a child born outside of marriage, and to provide for the support of the child once the identity of the fath... (more...)
A lawsuit to determine the identity of the father of a child born outside of marriage, and to provide for the support of the child once the identity of the father has been determined.
STIRPES
A term used in wills that refers to descendants of a common ancestor or branch of a family.
TENANCY BY THE ENTIRETY
A special kind of property ownership that's only for married couples. Both spouses have the right to enjoy the entire property, and when one spouse dies, the su... (more...)
A special kind of property ownership that's only for married couples. Both spouses have the right to enjoy the entire property, and when one spouse dies, the surviving spouse gets title to the property (called a right of survivorship). It is similar to joint tenancy, but it is available in only about half the states.
CONDONATION
One person's approval of another's activities, constituting a defense to a fault divorce. For example, if a wife did not object to her husband's adultery and la... (more...)
One person's approval of another's activities, constituting a defense to a fault divorce. For example, if a wife did not object to her husband's adultery and later tries to use it as grounds for a divorce, he could argue that she had condoned his behavior and could perhaps prevent her from divorcing him on these grounds.
SOLE CUSTODY
An arrangement whereby only one parent has physical and legal custody of a child and the other parent has visitation rights.
SAMPLE LEGAL CASES
Chowdhury v. Rodriguez
... II. Labor Law § 240 (1) and § 241 (6). Labor Law § 240 (1) and § 241 (6) contain identical
language exempting from the statutes "owners of one and two-family dwellings who contract
for but do not direct or control the work" (compare Labor Law § 240 [1] with § 241 [6]). ...
MATTER OF SPENCER v. Spencer
... Under New York's version of UIFSA, "[a] tribunal of this state may not modify any aspect of a child
support order that may not be modified under the law of the issuing state" (Family Ct Act §
580-611 [c]). In Connecticut, a court may issue an order of support for a child who is under ...
Ortega v. Puccia
... The defendants argued that summary judgment was appropriate under the single-family
homeowners' exemption of Labor Law §§ 240 and 241. ... Unlike Labor Law §§ 240 and 241, section
200 does not contain any single- and two-family homeowners' exemption. ...
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