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What If My Spouse Will Not Sign the Divorce Documents?

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Divorce can be an emotional and complicated process, depending on a couple’s unique situation. In some cases, couples amicably decide to go their separate ways and get an uncontested divorce with no major disagreements. However, there are many instances when the divorce process doesn’t go so smoothly. This is particularly true when one of the spouses is unwilling to cooperate and outright refuses to sign divorce documents.

What happens when a spouse simply won’t agree to the divorce and refuses to sign the divorce papers? In this article, we cover legal steps to take when a spouse refuses divorce and what happens when a partner won’t sign the necessary documents to end the marriage.

What Happens If a Spouse Won’t Sign?

Fortunately, when a spouse refuses to sign the divorce papers, it won’t necessarily stop the process. However, it does become extremely challenging and converts the divorce into a contested one rather than an uncontested divorce.

Let’s briefly talk about contested vs uncontested divorce in New York. An uncontested divorce occurs when both spouses agree on all critical issues, including the division of marital property, spousal support, child custody arrangements, etc. When both spouses agree, the process is commonly much easier and less expensive.

On the other hand, a divorce is contested when both parties cannot agree on one or more crucial matters. The unwillingness to sign divorce papers generally means that there is disagreement on certain aspects of the divorce — the division of assets, child custody, alimony, or other major considerations. The refusal to sign usually leads to further negotiation, mediation, or even litigation. A contested divorce involves discovery, evidence, and witnesses, and a divorce attorney is necessary to help navigate the process.

Can a Divorce Proceed Without a Signature?

You may be wondering, can you get divorced without the other person signing? The answer is yes, the divorce process continues even if one spouse refuses to sign the documents. Fortunately, the legal system doesn’t require the full cooperation of both spouses when it comes to dissolving a marriage. Regardless of the reason why, a spouse’s refusal to sign doesn’t mean the divorce can’t proceed. It simply turns the divorce into an uncontested to a contested divorce.

Is It Still Considered an Uncontested Divorce?

Simply put, if one spouse refuses to sign divorce documents, it is not an uncontested divorce.

An uncontested divorce involves agreement on all terms, which requires both parties’ signature to finalize the agreement. The lack of a party’s signature indicates failure of the agreement, and the court must intervene to rule on the undecided matters. The court will hear evidence and rule on contested issues.

Legal Steps When a Spouse Refuses Divorce

  • Mediation — Mediation involves a structured forum for both spouses to negotiate with an unbiased third party. The goal of mediation is to reach a mutually agreeable settlement between the couple. When successful, mediation can greatly conserve costs and time spent in court.
  • Consulting with an experienced divorce attorney — It is extremely important to contact a divorce lawyer to advocate on your behalf, advise you on your legal options, and ensure a fair and equitable outcome for both parties.
  • Filing a motion with the court — If mediation is not successful, an attorney can file a motion with the court to urge the refusing spouse to cooperate or proceed with a contested divorce hearing.
  • Documents are served — The spouse who is refusing divorce is formally served with court documents that describe the legal proceedings of the divorce.
  • Contested divorce proceedings — The court will schedule a hearing. During the divorce proceedings, both parties present evidence, witnesses testify, and the judge makes a final determination on all aspects of the divorce, including those disputed by the uncooperative spouse.

How Long Does Divorce Take Then?

In uncontested cases, divorces can generally be finalized in a few short months. However, contested divorces can take much longer. When one spouse refuses to sign divorce documents and the divorce becomes contested, the timeline increases. A contested divorce can take a year or longer to become finalized.

When dealing with divorce — particularly contested divorces — having a skilled attorney standing up for your rights can make all the difference in achieving a favorable outcome. Contact Zelenitz, Shapiro & D’Agostino to help bring your divorce case to a successful ending so you can move forward.

Nursing Home Injuries Due to Lack of Wound Care

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When families entrust the care of loved ones to nursing homes, it’s expected that they will receive the best care and attention. In the majority of cases, nursing homes provide excellent care and attentiveness to loved ones. However, there are many nursing home residents who experience neglect and suffer from injuries in unsafe, unmonitored environments.

One particular area where nursing home neglect can result in devastating consequences is wound care. Proper wound care is essential in nursing homes to prevent health complications, promote healing, and improve residents’ lives. When nursing homes fail to provide adequate professional wound care, it can lead to injuries, serious infections, prolonged healing times, and even death.

Below we discuss why proper wound care saves lives, as well as signs of neglect in nursing home wounds, how to report neglect at a nursing home, and how experienced nursing home neglect attorneys can support you as you protect the rights of vulnerable elders.

Common Wound Care Failures in Nursing Homes

  • Inadequate training or supervision — Nursing home staff may not have the necessary training and/or supervision to properly assess, clean, and dress wounds. This can result in improper care, leading to infection and delayed healing.
  • Neglect — When wounds are left untreated or not monitored properly, it can lead to infection, tissue damage, and even amputation in severe cases.
  • Malnutrition and dehydration — When residents fail to receive proper nutrition or adequate hydration, it can have severe consequences including hindered wound healing, bedsores, and infections.
  • Lack of medical resources — Nursing homes may not have the necessary supplies or equipment to properly care for wounds. This can include a lack of appropriate dressings, cleaning solutions, or basic hygiene products.
  • Failure to reposition or turn — Some patients need to be turned or repositioned every few hours to relieve pressure on areas of their body. Failure to do this as needed can result in pressure ulcers or bedsores.
  • Insufficient incontinence management — Moisture from urine and feces significantly increases the risk of skin breakdown and exacerbates existing wounds.

Why Proper Wound Care Saves Lives

Proper wound care isn’t only about patient healing and comfort — it’s a life-sustaining measure that can prevent many health complications down the road. Taking care of wounds properly prevents infections that can ultimately lead to sepsis. When wounds are neglected — even small ones — they can become much worse in a short span of time. Severe wounds increase pain, limit patients’ mobility, and can result in painful treatments, surgery, or even amputation in extreme cases.

Proper wound care can prevent residents from requiring hospitalization, which can be traumatizing for some seniors. Adequate, professional wound care reduces pain, improves mobility, and allows the patient to improve their quality of life in the nursing home.

Signs of Neglect in Nursing Home Wounds

If your loved one is a nursing home and you notice any of the following red flags, take immediate action:

  • Infection
  • Delayed healing
  • Deteriorating/worsening wounds
  • Pain and discomfort
  • Tissue damage
  • Poor hygiene
  • Lack of appropriate medical supplies
  • Dirty or stained dressings
  • Lack of documented care plan or treatments
  • Dismissive staff

Legal Options for Wound Care Neglect

If you have any suspicions that your loved one is suffering from wound care neglect in a nursing home, legal options are available. A qualified, experienced team of nursing home neglect lawyers like Zelenitz, Shapiro & D’Agostino can help hold the nursing home legally responsible for medical bills, pain and suffering, and more. Legal options include a nursing home neglect lawsuit, medical malpractice claims, and wrongful death claims.

While legal action cannot undo the harm caused to a loved one, it can hold negligent nursing home facilities accountable, potentially compensate the victim or family for damages, and prevent similar neglect from happening to other residents.

How to Report Nursing Home Negligence

If you suspect that a family member or loved one in a nursing home is suffering from wound care neglect, it’s important to report it right away. Make sure to document any signs of neglect or red flags. Take photos of wounds and note the date and time. Make notes of every staff member you have a conversation with.

The first line of defense is the nursing staff or director of nursing at the facility. If they do not resolve the issue, address the facility administrator. If the neglect still isn’t resolved, report it to your state’s Department of Health or nursing home licensing agency. If your complaints are unresolved, get advice on your legal rights and options from a nursing home injury attorney.

Families are the first line of defense for residents who may be unable to advocate for themselves. Nursing homes who fail to provide adequate wound care must be held accountable for residents’ neglect. Contact Zelenitz, Shapiro & D’Agostino at 718-523-1111 or request a free consultation today and we’ll fight for your loved one’s rights.

Grounds for Invalidating a Prenup in New York

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Prenuptial agreements – also called prenups – can be an extremely useful tool prior to a couple getting married. A prenup is a written contract between spouses that outlines how assets and marital property are divided if they should happen to divorce.

While prenups typically provide protection and clarity, they must be drafted correctly in order to be legally enforced. Under specific circumstances, a New York court can void a prenuptial agreement, leaving parties in a significantly different financial position than they anticipated. This article will discuss reasons why a prenup may be voided, various signs of an unfair prenup, and protecting your rights in divorce.

When Can a Prenup Become Void?

There are many reasons why a prenuptial agreement can be invalid, including:

The prenup was not entered into voluntarily – A valid prenup must be freely entered into by both spouses. If one of the parties was pressured, coerced, or threatened into the agreement, a New York court may invalidate the prenup. Imposing a tight deadline and creating a sense of urgency can be considered duress. Additionally, if one spouse was in a vulnerable state of mind or suffering from a health or mental condition, the court may question the validity of the document.

A spouse did not fully disclose assets – New York law requires both parties to disclose their assets, debts, and income fully and honestly before signing a prenuptial agreement. Hiding assets – including bank accounts, real estate, or investments – or misrepresenting financial information by understating or overstating income can invalidate the agreement.

Unethical or unscrupulous terms – If the terms of the prenup are incredibly unfair, the document can be considered void. This does not apply to cases in which one spouse receives less than the other. The prenup can be void if the agreement is so unjust that it leaves one spouse unable to support themselves and in an incredibly disadvantaged financial position. A New York court will consider the circumstances surrounding the prenup and its overall fairness.

The prenup was not signed on time – The agreement must be signed in a timely manner before the nuptials take place. It also must be notarized and signed by both parties. While New York law doesn’t mandate a specific time period that’s required to sign, it’s generally recommended to sign a prenup well in advance of the marriage – ideally 1-3 months beforehand.

Obtaining a signature fraudulently – If a spouse forges the other party’s signature or obtains their signature by lying or concealing facts, the prenup can be invalidated.

One or both spouses do not have independent legal counsel – Since each spouse has their separate interests at stake, they should be represented by their own separate prenuptial agreement attorney in order to enforce the prenup. While this is not a strict requirement in most states, having separate lawyers ensures that each party understands their rights and obligations under the agreement and that their best interests are well represented.

NY Prenup Legal Requirements

  • Both parties must enter into the agreement voluntarily, without coercion or duress.
  • The agreement must be in writing and signed by both parties.
  • Both parties must provide full and fair disclosure of their financial situation, including assets, debts, and income.
  • The agreement must be fair and reasonable at the time that it’s made and at the time of divorce as well.

Signs of an Unfair Prenup

Prenups are a valuable tool that’s used to protect assets, but they can be used unfairly to take advantage of the other spouse as well. An unfair prenup is characterized by coercion or duress to sign the document. A prenup that is one-sided or if one spouse does not have legal representation, the prenup may be deemed to be unfair. Additionally, if a spouse lies about their assets and/or fails to disclose their correct financial situation, the court may invalidate the prenup.

Proving Prenup Invalidity in Court

If a spouse believes that their prenuptial agreement is invalid, they can challenge it, even if it meets the legal requirements. However, they will need appropriate evidence to support the claim of invalidity. The court may need proof of coercion, fraud, incapacity, duress, or a lack of full financial disclosure. Proof may include witness testimony, financial records, evidence of threats, or applicable text messages, and/or medical records.

Protecting Your Rights in Divorce

You have the right to a fair and equitable division of assets if you’ve signed a prenup before you got married. A committed prenuptial agreement lawyer can most likely keep you from making unfortunate decisions that can affect you for many years. Contact us today for a free consultation and we’ll help you navigate New York’s complicated legal system.

The Link Between Nursing Home Understaffing and Elder Neglect

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Nursing homes are intended to be safe havens for senior loved ones. They provide a supportive environment for seniors who require assistance to effectively care for themselves on a daily basis. It is expected that residents who reside in nursing homes are treated with dignity, respect, and the utmost care. However, this is not always the case in some nursing home facilities. Unfortunately, many elderly people are neglected physically, emotionally, and socially, which puts them at risk for accidents, malnutrition, and isolation.

One of the primary reasons for elder neglect in nursing homes is understaffing. Understanding the connection between understaffing and neglect is important to be able to protect our elders and hold negligent facilities accountable. Discussed below, is how nursing home neglect can happen due to understaffing, and how lawyers for nursing home neglect may be able to help.

How Understaffing Leads to Neglect

There is a direct correlation between understaffing and neglect in many nursing homes and there are also quite a few reasons for insufficient staff to be on duty. In some instances, the facility is attempting to save money by not hiring enough employees, or even by letting staff members go. Some nursing homes do not pay sufficient wages, making it difficult to obtain and keep quality workers. No matter the reason, understaffing can severely affect the care and treatment of residents.

Understaffing can lead to:

  • Increased falls and accidents – A lack of sufficient employees usually means that residents are left unsupervised for longer than usual periods of time. Without proper supervision, elders may wander and will typically have an increased chance of falls as well as other accidents. This is particularly risky for residents who have cognitive impairments.
  • Medication errors – When the staff is stretched thin and overwhelmed with too many tasks, they may make medication errors such as giving the wrong dosage or dispensing the incorrect type of medication to an elder. Additionally, staff may even fail to administer the required meds altogether.
  • Malnutrition and dehydration – Understaffing can result in compromised nutrition and hydration due to residents not receiving enough food or water. The staff, when understaffed, may rush meal service or fail to provide meals for all residents. Elders that require assistance with eating tasks may not receive the help that they need, leading to missed meals.
  • Inadequate help with essential tasks – Residents who need assistance when bathing, dressing, and toileting may suffer from neglect. Understaffing often leads to rushed or incomplete assistance with these activities, compromising hygiene and dignity.
  • Lack of interaction – Elderly residents require social and emotional support in order to thrive in a nursing home. When homes do not have enough staff, residents can feel isolated and lonely, and even suffer from depression from a lack of interaction.

Signs of Nursing Home Neglect

Recognizing the signs of nursing home neglect is crucial when advocating for vulnerable residents. Signs of neglect include unexplained injuries, weight loss, poor hygiene, bedsores, changes in mood, frequent infections, and missed medication doses.

Other signs of neglect in nursing homes may be evident in the facility itself. These signs include unsanitary living conditions, broken equipment, slippery floors, and a lack of heating or cooling. If you observe any of these signs of nursing home neglect, it’s important to document them. Include the date, time, and details of any sign, and report them to the facility manager or nursing home neglect attorneys.

Impact of Understaffing on Proper Care

An understaffed facility can greatly affect the care of residents. Without proper staffing, elders may receive delayed or inadequate medical care and assistance with daily living activities. Residents’ complaints may be ignored by the nursing home staff, who are most likely overworked, burned out, and stressed.

Understaffing will ultimately reduce the quality of life for residents. There is also a direct correlation between higher mortality rates and understaffing in nursing homes. Residents may need to be frequently hospitalized due to inadequate care. Additionally, incompetent care often leads to an erosion of trust between the families of residents and the nursing home staff.

Legal Rights for Neglected Seniors

Seniors who reside in nursing homes have legal rights that are protected by New York state and federal laws. These rights include the right to receive adequate and appropriate care, to be treated with dignity and respect, and to be free from neglect and abuse. When nursing homes violate these rights, elderly victims and their loved ones have the right to file a lawsuit to hold them accountable.

Holding Facilities Accountable

If you suspect that your elderly loved one is being neglected due to understaffing at such a facility, now’s the time to speak to a lawyer for nursing home neglect.  Zelenitz, Shapiro & D’Agostino will help guide you through the legal process and hold the negligent nursing home accountable to get justice for vulnerable seniors.

Child Relocation and Custody Issues During Divorce

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Many divorces involve child custody issues, which can be complex. The well-being of the child involved is typically the primary focus of the court system. But, if one parent wants to move with their child, how will relocation affect custody? Below we discuss divorce and custody issues pertaining to relocation, including legal requirements for the parent who is planning to move and modifications that need to be made to custody arrangements, as well as how to challenge or support a relocation.

How Relocation Affects Child Custody

Deciding to relocate is undoubtedly a big choice to make and can also affect many aspects of a custody agreement. When custody is shared, the other parent may be deprived of spending time with their child through no fault of their own. If the move affects the relationship between the child and the non-relocating parent, modifications are then required to be made to the custody agreement. A New York court will make the final decision after carefully considering the associated challenges and how they may affect the child. While the court’s duty is to be fair, the child’s health and happiness is of utmost importance.

Legal Requirements for Relocating Parents

In New York, the law doesn’t require all custodial parents to provide advance notice prior to moving with the child. While parents do not need a judge’s permission to relocate, the move – particularly when it’s a long-distance move – may affect the custody agreement. This is especially true in cases when the move reduces the other parent’s time spent with the child.

Even though relocation approval isn’t required for one parent to move with their child, it doesn’t necessarily mean that the non-relocating parent has no choice in the matter when they learn about their child’s impending relocation. The relocating parent is required to provide written notice to the other parent regarding the impending move. The notice must include the mailing address of the new residence, the reason why the parent is relocating, and the date of the proposed move. The written notice must also include a proposed new visitation schedule.

After written notice has been provided, the non-relocating parent has a specific amount of time to challenge the impending relocation. If a challenge is not presented, the New York court will assume that both parents agree regarding the details of the move, including the new visitation schedule.

Relocation and Custody Modifications

The custody agreement will require modification if the non-relocating parent challenges the move. The court will decide on the custody modifications and consider multiple factors in their decision. Ultimately, the court’s decision is based on what is thought to be best for the child’s well-being. The court strives to ensure that all of the child’s needs are met – emotionally, physically, and educationally.

Factors that Courts Consider in Relocation Cases

While the primary goal of the court is to decide what is best for the child, other factors are considered in relocation court cases. Additional factors generally include:

  • The reason for relocation,
  • How the move will impact the child’s emotional, physical, and educational development,
  • The developmental needs of the child,
  • The relationship between the child and each parent,
  • How the move will affect the child’s relationship with the non-relocating parent,
  • The distance of the move,
  • The child’s overall ability to adapt to the move.

The court aims to preserve the child’s relationship with both parents. In New York family court relocation cases, there is a test that’s commonly used to make decisions regarding relocation requests. The first part of the test involves an evaluation of the move and how it will affect the child. The second portion is an investigation of any interference that the move may cause to the co-parent’s custody rights.

How to Challenge or Support a Move

When the non-relocating parent objects to a planned move, they have the legal right to a court hearing. During this hearing, both parents may present arguments in favor of or against the relocation. If the court approves the request to move, both parents must decide upon a new/revised visitation schedule that accommodates the relocation. If the court denies the request to move, other arrangements need to be made by the parent who wished to relocate. If alternative arrangements are not made, the parent who wished to relocate may lose custody of the child.

Whether you are challenging or supporting a relocation, it is paramount that you secure an experienced family law attorney who can help with the preparation of an alternative visitation schedule, the presentation of your case in court, and have a thorough understanding of your legal rights. Zelenitz, Shapiro & D’Agostino are dedicated custody and divorce lawyers who are experienced in helping people make informed decisions regarding a child’s future.

 

Nursing Home Neglect – Not Enough Food or Water

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As the population of individuals above the age of 65 increases, many family members make the decision to have their elderly parents and grandparents cared for at a long-term living facility. Nursing home residents are a vulnerable population, and they deserve humane treatment and care in the hands of trained professionals.

Unfortunately, there are instances of nursing home neglect in many facilities. A common form of neglect is the lack of adequate nutrition or dehydration provision by healthcare providers, which can easily lead to substantial health issues. Whether the facility is unable to provide proper care due to staffing shortages or the facility is possibly operating under abusive internal regulations, there are nursing home neglect attorneys that are willing and able to fight for your loved one’s rights.

Signs of Nursing Home Neglect

If a nursing home patient is experiencing sudden weight loss, ongoing exhaustion and weakness, bedsores, dry mouth, decreased urination, changes in mental status, or recurring infections, it’s crucial that you intervene.

During visitation, if you notice any of these signs, it’s important to report nursing home neglect to the facility manager. It’s also a promising idea to contact a lawyer that specializes in nursing home neglect to learn more about your loved one’s rights and to investigate the situation.

Although some signs, such as declining oral health, cognitive decline, and depression, can be symptomatic of the aging process, unanswered medical needs are definitively a sign of neglect.

Malnutrition and Dehydration Symptoms

Malnutrition tends to occur at a slow rate but becomes apparent very suddenly. Some of the signs of malnutrition include changes in the skin, including flakiness and easy bruising; Hair can become brittle and dry; and even substantial hair loss can occur.

Malnutrition can also lead to a decrease in immune response, meaning that an elderly resident can suffer from an increased susceptibility to illness. Patients who suffer from this treatment may have difficulty concentrating, slurred speech, and even experience fainting spells.

Dehydration is just as dangerous as malnutrition. Dehydration is most commonly recognized through impaired function. Residents who have not had proper water intake may suffer from headaches, dizziness, and/or low blood pressure. A decrease in bathroom use as well as foul-smelling, dark urine are also common indicators that the patient may not be receiving enough fluids to drink.

Both malnutrition and dehydration can be extremely dangerous, and unfortunately the symptoms can commonly be overlooked due to their relative similarities to the aging process.

Causes of Food and Water Deprivation

Understanding the potential causes of food and water deprivation in nursing homes can help you better assess this situation and advocate for your loved one(s). Food and water deprivation is generally caused by the withholding of food and/or drink by the nursing home staff. Sometimes it is malicious deprivation as a form of punishment, or, in some cases, the staff may lack the proper training to assist with properly feeding residents.

Certain medical conditions can make it difficult for residents to eat or drink, and staff may fail to provide the necessary support and accommodation. There are also instances where staffing or budgetary shortages within the nursing home can lead to an inadequate supply of nutritious food and water. Additionally, lack of proper monitoring can cause a lack of nutrition and hydration to be overlooked.

Legal Rights of Nursing Home Residents

Nursing home residents have the right to live in a comfortable environment that provides them with the services for which they are paying. Legally speaking, residents have rights that are outlined in state and federal regulations. For example, they have the right to receive adequate and appropriate medical care, including proper nutrition and hydration. Elderly residents also have the right to dignified treatment and respect as well as the right to be free from all forms of abuse and neglect.

What to Do if You Suspect Neglect

If you suspect a nursing home of neglect, the first thing to do is to take detailed notes, obtain all available records, and have conversations with the staff about the condition of your loved one. However, if the situation is not improving, or the information provided is not adequate, it is advised that you seek legal advice.

Elderly and disabled individuals are a vulnerable population, and no one should live in inhumane conditions. If you have suspicions or proof that a loved one is being neglected, nursing home neglect attorneys are here to help.

Nursing home residents require the support of individuals that they know and trust. Contacting experienced nursing home neglect lawyers such as Zelenitz, Shapiro & D’Agostino could save the life of a loved one, as well as other facility residents.

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