David Centeno Law, PC Donates to Organizations Fighting Bigotry, Islamophobia, Homophobia, Antisemitism and Racism

David Centeno Law, PC is dedicated to combating all forms of prejudice and bigotry in our great nation.  As such, we have donated to various groups whose mission is to combat the hatred, ignorance and division that ails our society.

In light of the current state of our nation, please consider donating to the following organizations by clicking on the links below:

aclunaacphrc        splc

 

Thank you for doing your part to keep this country a safe place for all.

Are We New York Divorce “Specialists?”

Специалист (specialist). Печать и оттиск

A common question that potential clients have for the firm is “do you specialize in divorce?”

While my firm primarily handles divorce, unfortunately I cannot state that we are New York divorce specialists.

New York attorneys are governed by the New York Rules of Professional Conduct (N.Y.R.P.C.) and Rule 7.4 of N.Y.R.P.C. specifically states the following:

the lawyer or law firm shall not state that the lawyer or law firm is a specialist or specializes in a particular field of law

Therefore, while my firm has handled thousands of divorces, ranging from simple uncontested divorce to complex high net worth divorce litigation, we cannot say “yes, we specialize in divorce.”

Regardless, I am confident that my firm has the experience and hard-earned skills to represent your interests in your divorce — whether it is extremely simple or highly complex.

Give us a call now to schedule a free phone consultation — (866) 830-2064.

NY Same Sex Marriage – A Divorce Booby Trap for Out-of-State Residents

New York same sex marriage divorce lawyerI get calls on a daily basis from people across the United States who all made the same mistake.  They came from their home states to New York to marry their same sex partner, but now when their marriage is not working out they’re trapped.

Unfortunately, New York’s legislation approving same sex marriage did not come with any fine print.  Nothing was disclosed about what would happen to those individuals who wanted to get divorced in states that do not recognize same sex marriage and therefore won’t entertain granting them a divorce.

The scenario is all too common.  A same sex couple comes to New York to get married.  Their marriage fails for one reason or another.  They can’t get divorced in New York because they don’t meet the residency requirements to do so here and they can’t get divorced where they’re living now.

This sets the stage for one of two things to happen:

  1. The couple perjure themselves (i.e., lie) to the New York Supreme Court and claim that they have resided in New York State long enough to meet the residency requirements (which is illegal and not a good idea), or
  2. They are forced to move to New York and live here for at least a year (sometimes two) to meet the residency requirements

This is an extremely common problem leading to holy imprisonment not holy matrimony.  Couples are bound to the rights and responsibilities that come along with marriage.  For example, if one party acquired assets, property during the marriage, the other is entitled to equitable distribution of those assets upon a divorce.  If one cannot get divorced, then obviously this causes a serious problem.

The same is true for debt incurred during marriage.  This too would be seen as marital debt and would be the responsibility of both parties to settle up with the creditor or else either one could be a target for a collections action.

One temporary “band aid” solution to stop the bleeding is for the parties to enter into a separation agreement where the rights and responsibilities of either party during the separation are spelled out.  If both parties agree to sign a separation agreement, then as long as the agreement is properly drafted if either acquires assets or incurs debt it will be their separate asset or debt.  Again, this is not a dissolution of the marriage but it does serve as a creative way to work around the current system.

The bottom line is that we must press for a solution in the political and legal arenas that addresses the booby trap nature of New York same sex marriage for out of state residents who reside in states that won’t divorce them.

The New York court could potentially use it’s power of equity to infer jurisdiction to hear the divorce and render a judgment despite the parties residing out of state.

Time will tell how this will play out.  Possibly more states will jump aboard and recognize same sex marriage?  Possibly a federal law will be passed that deals with the interstate issue?

I am looking forward to pioneering this effort to find a way out for the same sex couples who have found themselves trapped in their marriages with no legal way out.

Attorney David Centeno Selected to be Huffington Post Contributor

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We are proud to announce that Attorney David Centeno has been selected to write for the Huffington Post as an expert on New York divorce and family law issues.  Attorney Centeno says “It is a true honor to have been selected, as I have always admired HuffPost.”

You can find his first post here: Why Where You Divorce Matters: Equitable Distribution vs. Community Property

and his Author Bio Page here: David Centeno Huffington Post

Attorney Centeno looks forward to contributing regularly to the best online newspaper there is: The Huffington Post!

A New Era?

Could this be the dawn of the new civil divorce? Last Friday Gov. Jay Inslee signed the Uniform Collaborative Law Act which allows couples to agree on the terms of their divorce without going to court at all.

This act can save many couples the heartbreak of a long protracted divorce, played out in public and gives a better chance to ending it all amicably.

Still it doesn’t remove the contentious part of divorce. Both parties still have to agree to meet outside of the court and come to an agreement. Without the guidance of the judge it can be an even harder task as well, but it does give the opportunity for couples to work out their financial issues without influence.

But why is news of this law gaining so much traction? Well, yes the benefit for the parents is obvious however the most beneficial facet of the new law is the fact that it protects the children from the exposure of a long divorce case. As most children who go through divorce end up mentally scarred it is important to take any steps to limit this effect.

New Divorce Audio Coaching Program Helps Parents Minimize Effects of Divorce on Their Children

Much has been made about the effects of divorce on children. Some studies claim that children end up as alcoholics or abusers, others claim they are more prone to divorce. Regardless it is pretty obvious that divorce does have a major effect on children. But there is a way we can work to limit the effects.

Enter Divorce and Parenting Coach Rosalind Sedacca, the founder of Child-Centered Divorce, a Support Network for Parents. She has created a 10-hour audio coaching program for parents to aid them in helping their children through divorce.

The program helps moms and dads to deal with the small day to day tasks that can make divorced life so difficult for children. It attempts to get to the root of the program by focusing on the warning signs before they become actual problems. Some of the strategies include:

  •     How to de-fuse conflict with a former spouse while maximizing positive communication
  •     How best to handle questions, depression, tension, arguments and other behaviors from children
  •     What to expect from children of different age groups – from toddlers through teens
  •     How to stay centered and take care of one’s own needs during and after the post-divorce transition
  •     How best to take advantage of the expertise of attorneys, mediators, therapists and other professionals – while not being “taken” personally
  •     How parents can handle weekly routines, schedules, activities and other responsibilities without losing their cool
  •     Coping skills for disciplining children, dating again and other complex challenges that come with parenting after divorce

Valued at $297, Sedacca’s audio coaching program is being offered during a special online launch promotion, for $97.

The Shocking Way That Porsha Stewart Found Out About Her Divorce!

Porsha Stewart, the wife of former NFL star and now TV analyst Kordell Stewart, was admittedly shocked when she found out that her husband had fild for divorce. However the way it happened was even worse, imagine finding out on Twitter!?

Read More: OK Magazine

 

Katy Perry Calls Divorce from Russell Brand a “Very Tiny Elephant” in the Room

According to Katy Perry, her divorce from Russell Brand is all but in the past at this point. The singer recently called the situation a “very tiny elephant” in the room, suggesting that she is over it.

 

Read More: US Magazine

4 tips for parents going through divorce

Divorce is hard, but it’s even that much harder when there are children involved. It’s one thing to attempt to deal with those feelings yourself but when you heap kids on top of that it becomes a real issue. Fox has outlined 4 important tips for parents going through divorce. Adhering to these can be the difference between a protracted situation and a smooth transition.

 

Read More: Fox 

Divorce Laws: Supreme Court Deciding Whether Ex- Or Current Wife Should Get Insurance Money

A Virginia Law that overrides a federal employees designation of a beneficiary in a federal insurance program is currently being questioned by Supreme Court justices.

In this specific case Warren Hillman made Judy Maretta a beneficiary of his Federal Employees’ Group Life Insurance policy before their divorce.

Read More: The Huffington Post