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Nomoreprisons 2010-04-28T21:06:30Z http://www.nomoreprisons.org/feed/atom WordPress admin <![CDATA[Jurisdictions of States]]> http://nomoreprisons.org/?p=5 2010-04-28T20:51:11Z 2010-04-28T20:51:11Z Read more »]]> Jurisdictions of States

Jurisdictions of States

Laws are the methods by which social order is enforced. Laws shape almost every aspect of modern life across the world, independent of social status, location, age, wealth, or any factor that may differentiate one person from another. Each country has a different way in which the law for that country is divised, as well as what is guaranteed in the code of law. The earliest example of a codified system of laws in history is Hammarabi’s Code. Hammarabi’s Code dates from 1750 B.C.E, and was established by the sixth Babylonian king. The seven feet tall stone which bears the code was found in 1901. Laws are generally meant to ensure rights, wither those of individuals, groups of people, or the government.

In the United States there are two intertwined sets of law: state law and federal law. State law covers the legal standing and privilege of the states. Federal law covers those legal responsibilities assigned to the federal government. The differences between the two sets were initially established by the United States Constitution. State laws are not authorized within the text of the Constitution. State law is only referred to in the text as reserved powers. The Tenth Amendment states that any powers not specifically granted to the federal government are left to the discretion of state law. State laws are generally used to manage local concerns. States laws often vary in the ability of local businesses to set hours, and control or restrict the sale of various items. State law varies on who is eligible to enter into marriage, as seen in the myriad state laws prohibiting or permitting same-sex marriages.

State laws are not permitted to invalidate federal laws. Article VI, Clause 2 of the American Constitution, which is known as the Supremacy Clause, establishes the Constitution, Federal Statues, and U.S. treaties as the supreme laws of the land. The Supremacy Clause compels judges uphold federal statutes, evil if state laws are in conflict with the federal. An early Supreme Court case, McCulloch vs. Maryland established that state laws could not tax federal entities. State law is only valid when it does not conflict with a federal one or make the execution of a federal statute unduly difficult to enforce. State law may only be voided when there is a specific act by the federal government to establish a precedence. The specific supremacy of federal law was not established until 1842 in the Supreme Court case Prigg vs Pennsylvania, which invalidated a state law in Pennsylvania which obstructed the effort of a United States Marshal to apprehend a fugitive slave and return the escaped slave to Maryland.

One of current sources of conflict between state law and federal law concerns medical marijuana. Fourteen state laws have legalized marijuana for medical use. Arizona and Maryland have state laws which while not legalizing use can be seen as decriminalizing its prescription or use. All of these state laws, however are in violation of federal statute. The federal government has so far declined to enforce relevant federal laws.

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admin <![CDATA[Legal Definitions of DUIs]]> http://nomoreprisons.org/?p=48 2010-04-28T20:26:06Z 2010-04-27T22:13:21Z Read more »]]> Legal Definitions of DUIs

Legal Definitions of DUIs

D.u.i. laws vary from state to state. The first d.u.i. law was passed in
New York in 1910, which California soon behind. However there area some aspects common to every d.u.i. law. Although the legal level at which a person was considered intoxicated once depended upon the dui law in the particular state, the national standard for conviction under d.u.i. laws is .08%. This means that a person is considered guilty of violating d.u.i. laws when there are eight grams of alcohol in ten liters of blood. Some state d.u.i. laws allow for police to draw blood from those drivers suspected of driving under the influence under a concept known as implied consent.

The implied consent portion of d.u.i laws mean that upon operating a motor vehicle in that state the driver has agreed to allow their blood to be drawn when under suspicion of violating a d.u.i. law. Most states, however, limit the implied consent to the administration of field sobriety tests and or the administration of a breathalyzer test. These portions of d.u.i. law have been considered to not violate the Fourth Amendment protection against unreasonable search and seizure, as well as to not violate the Fifth Amendment protection against the right of self incrimination. Courts have upheld these portions of d.u.i. law because driving is considered a privilege, not a right. The state has also been allowed to implement these d.u.i. laws as an extension of its police power and because the relevant section of d.u.i. law allowed to supplant the personal rights in favor of protecting the community instead. The seeming violation of d.u.i. law to the Fourth and Fifth Amendments is identical to the reason the prohibition against yelling fire in a public setting is not a violation of the First Amendment: the rights of the community are more important than the rights of an individual. D.u.i. law also covers driving while affected by the use of drugs. Conviction under d.u.i. laws for drug use is not limited to those impaired by taking illegal drugs. Even if the person is taking a drug which is proscribed to the individual by a listened physician but results in a diminished capacity to safely operated a motor vehicle the person may be liable to be convicted under the d.u.i. laws in effect in most states.

D.u.i. law also covers the operation of other vehicles. In the United States pilots are not allowed to operate airplanes within eight hours of their last drink of alcohol. The blood alcohol level of a pilot must also be half that of any driver, or four grams of alcohol per ten liters of blood, .04%. Depending upon the state d.u.i. laws can have an effect on individuals trying to affect the operation of other vehicles. Michigan has passed d.u.i. laws which restrict attempts to engage in intoxicated bicycling, horseback riding, buggy driving, use of motorized farm implements, or boating, the latter whether a pilot or passenger, with much the same threshold of intoxication.

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admin <![CDATA[Laws Protecting Human Rights]]> http://nomoreprisons.org/?p=45 2010-04-28T20:26:49Z 2010-04-27T22:09:22Z Read more »]]> Laws Protecting Human Rights

Laws Protecting Human Rights

Human rights law is a developing area of international law. Human rights law is concerned with guaranteeing human rights laws are applied even across the world. Human rights law is often used in war crime tribunals. The development of human rights law has seen several forums under which its development has been guided. The first was the Nuremberg trials following the Second World War. Human rights laws have also developed through various declarations made by member nations of regional organizations as well as through the United Nations.

There are two historical origins which have shaped modern understanding of human rights law. These origins are The Law of Geneva and The Law of The Hague. The Law of Geneva concerns itself with investigation violations of internationally agreed upon and established human rights laws during times of war. These human rights laws are codified in the Geneva Conventions. The first human rights law as laid on in the Geneva Convention is concerned with the “Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field.” the second human rights law is “for the Amelioration of the Condition of Wounded, Sick and Shipwrecked Members of Armed Forces at Sea.” The third set of human rights laws are “relative to the Treatment of Prisoners of War,” while the forth area of human rights laws worry about “Protection of Civilian Persons in Time of War.” Two additional human rights laws have been amended to the Geneva Conventions, which deal with ensuing human rights laws provide protection to the victims of both international and non-international armed conflict. The Law of the Hague serves as a background source of human rights laws by governing acceptable actions which militaries may utilize while in conflict.

Human rights laws are also known as international humanitarian laws. Common human rights law include the idea that persons not engaged in hostilities and that soldiers unable to engage in combat due to injury be treated humanely and protected. Human rights law also prohibits killing or injuring a surrendered combatant or one who is already injured. The sick and wounded in an occupied area must be provided with care and protection by the occupying force, and human rights law also obliges the occupier to recognize the red cross as a sign of protection. Anyone captured, whether a civilian on soldier, is to be provided with the means to communicate with their family members, receive relief, and be protected from reprisals, or the army which has captured them is considered to have violated the internationally accepted human rights law. Human rights law specifically outlaw all forms of torture. Armed forces not seeking to break human rights laws will also attempt to limit their military actions to a reasonable extent, and will only attack targets which represent military objectives.

Anyone found violating human rights laws face very strong international repercussions. The most common of these is to be placed on trial at the International court in The Hague in Switzerland for crimes against humanity.

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admin <![CDATA[History of Gun Control Laws in the United States]]> http://nomoreprisons.org/?p=42 2010-04-28T20:27:16Z 2010-04-27T22:06:55Z Read more »]]> History of Gun Control Laws in the United States

History of Gun Control Laws in the United States

Gun laws are a very controversial topic. Supporters of gun laws believe that the passage of each gun law makes the country safer for law abiding citizens by decreasing the amount of guns circulating within the country. Proponents argue that if gun laws are not passed or are revoked the safety and well being of the entire country could be at risk. Opponents of gun laws object to this characterization. They believe many gun laws to be unconstitutional. Opponents to gun laws point to the Second Amendment to the Constitution, which guarantees the rights to bear arms, as the reason gun laws cannot and should not be passed by the government of the United States.

There have been six federal gun laws which have limited or adjusted who is allowed to obtain guns and who those gun may be exchanged between people. The first gun law was the National Firearms Act, passed in 1934. Then United States Attorney General Homer S. Cummings sought to regulate the weapons commonly used by gangster following the repeal of Prohibition. Recognizing the Second Amendment prevented passage of a gun law banning them, he sought to make the possession and used of them prohibitively expensive, which would effectively ban them from common use. This gun law regulated the use of silencers and suppressors, destructive devices such as grenades, bombs and chemical weapons, shotguns and rifles with shortened barrels, and any gun capable of fire more than one bullet per trigger pull.

The next two federal attempts to change gun law came in the wake of President John F. Kennedy’s assassination. In 1968 two different gun laws were passed. The first was the Omnibus Crime and Safe Streets Act of 1968, passed on June 19. This gun law prohibited the interstate trade in handguns. established a national gun licensing system, and restricted gun purchases from individuals under the age of twenty-one. The Gun Act of 1968 was a gun law which made gun possession illegal for certain individuals. This gun law affected anyone who has been sentenced in federal court to more than one year in jail or to two years in a state court, unless for violations of business law, any fugitive, any unlawful user of drugs or alcohol, anyone found to have a mental defect, any illegal alien or foreigner in the United States under a non-immigrant visa unless under a tourist or student visa and also in possession of a hunting license, anyone dishonorably discharged from the Armed Forces, or any person who has renounced United States citizenship. Amendments to this gun law passed in 1996 made it illegal for any person who is the subject of a restraining order or been convicted of a domestic violence misdemeanor to possess a gun. The Brady Handgun Violence Prevention Act passed in 1996 instituted federal background checks to ensure that no one was able to bypass any existing gun law. The availability of computer checks allows most checks to be down while the gun dealer is still on the phone with the FBI.

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admin <![CDATA[Brief Examination of Harassment Laws]]> http://nomoreprisons.org/?p=39 2010-04-28T20:27:39Z 2010-04-27T22:05:19Z Read more »]]> Brief Examination of  Harassment Laws

Brief Examination of Harassment Laws

Harassment laws are an area of law that has only recently become developed. Some harassment laws are a subsection of employment and labor laws. Labor laws have been slow to develop, and are a continual source of conflict. Labor law began to develop in the Nineteenth and Twentieth centuries. Harassment laws began to receive a larger amount of attention at the close of the Twentieth Century with their areas of concern being expanded at the start of the Twenty-First Century. Harassment law which is under the auspices of labor law are concerned with the relationship between employers and employees, as well as the interactions between individual employees. Many harassment laws concerned with an individual’s rights within the workplace. Violations of harassment law may also cause perpetrators to have to deal with criminal law courts, as well as civil litigation, depending on the severity of the violation.

As with many other areas of law, harassment law is concerned with protecting the rights of those who cannot protect their own rights. Harassment law is generally meant to protect against nine different violations: bullying, psychological harassment, racial harassment, religious harassment, sexual harassment, stalking, mobbing, hazing, and police harassment. Bullying has begun to receive an increased level of attention recently from specialists in harassment law. After the January 2010 suicide of a fifteen year old girl in Massachusetts, the Massachusetts legislation decided to strengthen the criminal penalties that harassment laws levy against those found guilty of bullying. As a result of police finding in the investigation of the case nine different teens have been arrested for violating a variety of harassment laws. Charges filed include statutory rape, violation of civil rights with bodily injury, harassment, stalking and disturbing a school assembly. Bullying often violates many of the harassment laws which govern other forms of harassment. As a result, many states do not have specific harassment laws which criminalize bullying as a specific crime, choosing instead to prosecute under other violations of harassment law.

Racial harassment laws are also known as racial discrimination laws. Racial harassment law is concerned with the criminalization of acts designed persecute a person based on ethnic grounds or as a result of their skin tone. Sexual harassment law is closely related. Religious discrimination laws are similar, but are predicated upon harassment based on an individual’s practice of religion. Sexual harassment is defined as unwanted and unwelcome, words, deeds, actions, gestures, symbols, or behaviors of a sexual nature that make the target feel uncomfortable. sexual harassment laws protect both men and women from being harassed by members of the same and opposite gender. Harassment laws regarding stalking only take effect after the victim fears for their safety and their has been an unfair impingement upon their privacy. Psychological harassment laws are concerned with actions that lower a person’s self esteem or causes an individual torment. Another violation of harassment law, mobbing, has been called vigilantism. Police harassment law violations include the excessive force and profiling. Hazing is the violation of harassment laws against a person considered inferior by the perpetrator, and is usually done in a systematic matter.

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admin <![CDATA[Categories of Labor Law]]> http://nomoreprisons.org/?p=36 2010-04-28T20:33:03Z 2010-04-27T22:03:31Z Read more »]]> Categories of Labor Law

Categories of Labor Law

Labor law covers a broad area of subjects. Labor laws were slow to develop, and are a continual source of conflict. Labor law began to develop in the Nineteenth and Twentieth centuries. There are two basic classifications of labor laws. Collective labor laws are examples of labor law which govern the relationship between employers, employees, and labor unions. Individual labor laws are the area of law concerned with an individual’s rights within the workplace as well as the contracts which are signed to restrict the govern the terms of work.

The first category of labor law concerns itself with contracts of employment. Contracts of employment have provided the foundation of Western economic growth since the collapse of feudalism. These contracts based upon established labor laws provide the core basis for modern economies throughout the world. Labor law within the United States recognizes two forms of contract. The first is a contract to provide employment to complete a specific task, such as the construction of a house or for a specific period of time. These contracts are less common that “at-will” contracts. In the United States most state labor laws recognize that an employee only has their job at the will of their employer. Labor law recognizes the right of the employer to release an employee at any time, with a period of advanced warning determined by the contract, so long as the release does not violate any labor laws, such as those guaranteeing protection from any kind of discrimination.

Other areas of labor law that are common in many countries around the world are the establish the payment of a minimum wage, limitations of hours that can be worked by an individual, restrictions on the work of underage persons, guarantees of workplace safety, and protection from indiscriminate firing. Labor laws regarding a minimum wage were first established in the United States in 1938. Most of the industrialized nations have established minimum wage laws, while underdeveloped countries lack these protective labor laws. Labor laws which established an eight hour work day as the standard developed during the 1840s. These labor laws started as an attempt to protect underage children from the unscrupulous practices of factory owners and overseers. The eight hour work day established by these labor laws were much lower than the standard number of hours which had been common, which reached as high as sixteen hours or more following the Industrial Revolution. Work place safety standards in the United States are monitored under the labor law which established OSHA, the Occupational Safety and Health Administration. The first employment laws governing workplace safety were establish in England in 1802.

Employment law dealing specifically with children’s rights represent an outgrowth of the movement for universal schooling and worker’s rights. Child labor is generally seen as exploitative, but unfortunately much of it happens outside of the reach of officials charged with enforcing labor law. Despite the attention paid to children working in sweatshops, mot of the violations of these labor laws take place in informal settings, such as children working in the home, selling items on street corners, or working in agriculture.

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admin <![CDATA[Areas of Employment Law]]> http://nomoreprisons.org/?p=33 2010-04-28T20:34:06Z 2010-04-27T22:00:54Z Read more »]]> Areas of Employment Law

Areas of Employment Law

Employment law covers a broad area of subjects. Employment laws were slow to develop, and are a continual source of conflict. Employment law began to develop in the Nineteenth and Twentieth centuries. There are two basic classifications of employment laws. Collective labor laws are examples of employment law which govern the relationship between employers, employees, and labor unions. Individual labor laws are the area of employment law concerned with an individual’s rights within the workplace as well as the contracts which are signed to restrict the govern the terms of work.

The first category of employment law concerns itself with contracts of employment. Contracts of employment have provided the foundation of Western economic growth since the collapse of feudalism. These contracts based upon established employment laws provide the core basis for modern economies throughout the world. Employment law within the United States recognizes two forms of contract. The first is a contract to provide employment to complete a specific task, such as the construction of a house or for a specific period of time. These contracts are less common that “at-will” contracts. In the United States most state employment laws recognize that an employee only has their job at the will of their employer. Employment law recognizes the right of the employer to release an employee at any time, with a period of advanced warning determined by the contract, so long as the release does not violate any employment laws, such as those guaranteeing protection from any kind of discrimination.

Other areas of employment law that are common in many countries around the world are the establish the payment of a minimum wage, limitations of hours that can be worked by an individual, restrictions on the work of underage persons, guarantees of workplace safety, and protection from indiscriminate firing. Employment laws regarding a minimum wage were first established in the United States in 1938. Most of the industrialized nations have established minimum wage laws, while underdeveloped countries lack these protective employment laws. The employment law which established an eight hour work day as the standard developed during the 1840s. These employment laws started as an attempt to protect underage children from the unscrupulous practices of factory owners and overseers. The eight hour work day established by these labor laws were much lower than the standard number of hours which had been common, which reached as high as sixteen hours of more following the Industrial Revolution. Work place safety standards in the United States are established under the employment law which established OSHA, the Occupational Safety and Health Administration. The first employment laws governing workplace safety were establish in England in 1802.

Employment law dealing specifically with children’s rights represent an outgrowth of the movement for universal schooling and worker’s rights. Child labor is generally seen as exploitative, but unfortunately much of it happens outside of the reach of officials charged with enforcing employment law. Despite the attention paid to children working in sweatshops, mot of the violations of these employment laws take place in informal settings, such as children working in the home, selling items on street corners, or working in agriculture.

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admin <![CDATA[Tax Laws]]> http://nomoreprisons.org/?p=29 2010-04-28T20:33:36Z 2010-04-27T21:57:42Z Read more »]]> Tax Laws

Tax Laws

Laws are the methods by which social order is enforced. Laws shape almost every aspect of modern life across the world, independent of social status, location, age, wealth, or any factor that may differentiate one person from another. Each country has a different way in which the law for that country is devised, as well as what is guaranteed in the code of law. Laws are generally meant to ensure rights, wither those of individuals, groups of people, or the government. There are several common areas of laws that transcend most systems. These sections are criminal law, constitutional law, contract law, tort law, property laws, and equity and trust laws. Many people do not realize it, but anyone who has ever worked, even if for just a single hour, has been affected by constitutional law.

Constitutional law is normally considered to entail the body of laws which affects the legal rights of individuals in regard to the government, as well as the actions that governments are allowed to engage in. Constitutional law is largely influenced by John Locke’s theorem that says individuals can do anything not prohibited by law, but governments may not take any actions the laws do not proscribe. The most pervasive area of constitutional law is tax law. In the United States tax laws are passed by the House of Representatives. When writing the Constitution the Founding Fathers decided to keep the “power of the purse strings” with the part of the national government that would be most closely connected to the people. Tax law is considered the purview of the federal government by in Article II, Section 8. Tax laws can also be implemented by individual states depending upon their particular state constitutions. Local, state, and federal tax laws are passed every budget year in order to finance the current budget. Governments pass tax laws levying different rates on income and wealth, capital gains, retirement pension, social security contributions, inheritances, gifts received, and consumption or sales taxes which govern individuals, as well as tax laws which affect the earning of corporations, limited liability corporations, and partnerships.

Introductions to tax laws can be attained from both law schools and from business schools offering Masters in Taxation. Some schools offer the ability to focus on international, foreign, or domestic tax law. People who study tax law in law schools have two different routes available to them after earning their law degrees. Some elect to serve as tax consultants, while others become involved in tax litigation. Tax lawyers engaged in litigation often work in cases involving the Internal Revenue Service, or IRS. The study of tax law in a business school setting may prove invaluable for a person who wishes to become a Certified Public Accountant. Agents enrolled to service for the IRS often have a background in a field related to tax law. If they do not have prior exposure to tax law, they acquire a through knowledge soon after beginning work there.

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admin <![CDATA[Internet Poses Challenge to Traditional Definitions of Law]]> http://nomoreprisons.org/?p=26 2010-04-28T20:31:49Z 2010-04-27T21:55:44Z Read more »]]> Internet Poses Challenge to Traditional Definitions of Law

Internet Poses Challenge to Traditional Definitions of Law

Laws are the methods by which social order is enforced. Laws shape almost every aspect of modern life across the world, independent of social status, location, age, wealth, or any factor that may differentiate one person from another. Each country has a different way in which the law for that country is devised, as well as what is guaranteed in the code of law. Laws are generally meant to ensure rights, wither those of individuals, groups of people, or the government. There are several common areas of laws that transcend most systems. These sections are criminal law, constitutional law, contract law, tort law, property laws, and equity and trust laws. Traditional understanding of law has been challenged by the growth of the Internet. Laws have not yet managed to react to the sweeping changes that have accompanied the Internet. Law has to adapt to a world in which national borders are declining in importance to legal issues. Internet law has been struggling to catch up to reality since the inception of the Internet.

For a purchase made over the Internet, laws from three different nations may affect the transaction: the laws in effect where the purchaser is using a computer, the laws of the counter where the server is located, and the country from which the item is bought. Internet law has not yet determined a definitive answer to which countries contract laws would over the transaction. Until a firm Internet law is established to deal wit issues of libel and slander, tort law is especially fragile. Tort laws are among the areas where there is the greatest variation from country to country. Until there is a system of Internet laws which is universally agreed to, speech that would be protected under one country’s law may open a person to a law suit from a resident of another country.

It is possible that Internet laws may develop independently of efforts to establish even a single internationally Internet law. The denizens of the Internet have shown a tendency to police themselves. Despite claims that the Internet would be a wild west show with no standards of decency, most websites and Internet users follow unwritten Internet laws. Internet forums have copied one aspect of the wild west from before law was firmly established and provided the basis for later justice: vigilantism. The “criminal” on these forums are referred to as “trolls.” These trolls attempt to arouse anger or other from emotions from other forum users. They accomplish this by posting outlandish or inflammatory statements to try to get attention. While some people, “victims,” fall prey to these tricks, more experienced users often respond by informing other users of an attempted trolling. These more experience users serve as police. Many forums also have moderators. These moderators have the ability to “ban” users. These ban can be seen as punitive actions, because they remove the troll from general society, just as prisons remove criminals from general society.

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admin <![CDATA[Analysis of Divorce]]> http://nomoreprisons.org/?p=23 2010-04-28T20:32:49Z 2010-04-27T21:46:13Z Read more »]]> Analysis of Divorce

Analysis of Divorce

Family law, as seen in family courts covers a variety of issues. Family law is one of the busiest sections on many court dockets. Deciphering family laws can be rather difficult, as the issues involved in these cases are often very heated between the applicants. Family law covers divorce, child custody cases, and child support cases, as well as alimony, division of property between divorcing couples, same sex marriages, and both spousal and child abuse. Family laws affect members of all social and economic cases.

One of the most common issues which are handled in family courts involved the interpretation of divorce law. Forty percent of all people entering into marriage will are likely to have to become divorced. In 2008, forty-six percent of all marriages was a remarriage for at least one of the spouses. There are several ways in which cases involving divorce laws are resolved. Forty-nine states in the United States have no-fault divorce laws. Under this kind of divorce law, neither party must provide the reason for divorce. States with no-fault divorce laws allow divorce to be filed for by one party or for both litigants to file jointly. Acceptable grounds for divorce in the United States include incompatibility, irreconcilable differences, and irremediable breakdown of the marriage.

New York is the only jurisdiction under which no-fault divorces are not recognized. New York divorce law only permits divorces to happen if one party is found to be “at fault.” The person filing for divorce must proof that the other person has committed an act incompatible to marriage. Divorce law considers the “grounds” for divorce. New York divorce laws recognize collusion, condemnation, connivance, or provocation. In the even both parties can be found to be at fault, divorce law employs a process known as comparative rectitude, where the courts attempt to decipher who is most at fault. A divorce of this kind can be contested, but is usually, not, because contesting a at-fault divorce can become very expensive under New York divorce laws.

Divorce laws recognize another kind of divorce, know as summary, or simple divorce. Divorce law generally recognizes five conditions under which this kind of divorce can be utilized: the marriage is less than five years old, there are either no children or custody is not disputed, there is little or no property and no property, marital property is under or around thirty-five thousand dollars excluding vehicles, and each spouse’s personal property also falls under thirty-five thousand dollars. Most cases filed under divorce law are uncontested. In the event of an amicable divorce, the cost can vary from three hundred and fifty dollars to as little as one hundred seventy-five dollars, plus court fees. Uncontested divorces include two processes which divorce law identify as collaborative divorce and mediated divorce. Couples who elect to pursue mediated or collaborative divorces are far more likely to adhere to the agreements they work out that are couples forced into agreements by courts.

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