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Divorce

Wednesday, June 27, 2018

Mediation: Is It Right For You?

Mediation is one form of alternative dispute resolution (ADR) that allows parties to seek a remedy for their conflict without a court trial. Parties work with a mediator, who is a neutral third party. Usually, mediators have received some training in negotiation or their professional background provides that practical experience.


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Wednesday, May 16, 2018

Tax Consequences to Keep in Mind During Divorce Property Division

When you are going through the divorce process, particularly the property division process, you may end up focusing on what you are getting and the monetary value of what you are getting. This will do your finances a serious disservice. Considering the tax consequences of what you are awarded during property division could save you a significant amount of money.


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Wednesday, April 4, 2018

What Happens to Debt in Divorce

With all the focus on division of property in divorce, an important aspect often gets looked over. Where does the marital debt go? Marital debt will be subject to division just like the assets. From mortgages to credit card debt, someone will be responsible for taking on the repayment of these debts assumed during marriage.


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Wednesday, February 28, 2018

What Happens When Spouses Work Together and Get Divorced

We spend so much of our lives working, it is understandable that many of us end  in relationships with co-workers. In fact, CareerBuilder.com reports that 39% of people end up dating a co-worker and 30% of those people end up marrying the co-worker. Additionally, many small businesses are co-owned by couples. In as far back as 2000, an estimated 3 million of 22 million U.S. small businesses were couple owned and that number has greatly increased over the years. In 2007, 3.7 billion business were couple owned according to the Census Bureau.


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Monday, September 25, 2017

Know the Risks of “D-I-Y” Divorce

“Do it yourself” divorce is fraught with risks – even if your case is “simple” and both parties agree on all issues regarding division of property, support, and child custody and visitation. As many have learned the hard way, it is all too easy to make critical missteps today that will come back to haunt you down the road.

The proliferation of DIY websites and non-attorney legal document preparers give the impression that the process is simpler than it is. These services can help you deal with the court forms required to dissolve a marriage, including financial disclosures, motions, hearing notices and child support paperwork. It’s tempting to save money by using one of these services to prepare and file your divorce forms without using a lawyer.


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Monday, June 19, 2017

Uncovering Hidden Assets in a Divorce

Going through a divorce can be a difficult process, especially when the proceedings become contentious. In fact disputes about spousal support and child support often arise, and it is not uncommon for one or both spouses to attempt to conceal their assets from each other and the court. While this is illegal, it happens more than many realize.

If you believe your spouse is hiding assets, there are number of steps you should take. First, since many financial transactions are conducted over the internet, viewing a web browser on a computer or smart phone can reveal vital information about sites that were visited. In particular money being transferred out of and into accounts is a telltale sign that someone is hiding assets.

In addition, social media may also offers clues that a spouse has money her or she claims not to have to pay spousal support or child support. Are there comments or pictures posted about purchasing a luxury item or taking an expensive vacation? If so, this is valuable evidence that an attorney can use at trial.

Many individuals may not be aware that retirement accounts such as 401(k)s and pensions are considered to be marital property that will be divided in a divorce. If your spouse claims not to have a retirement account, a quick check of the company's website can reveal whether these benefits are offered to employees.

In some cases, it may be necessary to hire a forensic accountant in order to uncover hidden assets such as investments, saving accounts off shore accounts or to track transfers of large sums of money.  In addition, tax returns can be examined to determine if there is income, interest, and dividends that a divorcing spouse may be trying to hide.

Ultimately, if you suspect that your spouse is hiding assets, it is best to speak to an experienced attorney who can take the appropriate legal measures to uncover any assets and present this evidence to the court.

 


Monday, April 17, 2017

Alternatives to Divorce: Collaborative Law


Let's face it:
getting divorced can be an emotionally charged experience, particularly if the proceedings become contentious. One way to avoid the acrimony that can arise in a marital breakup is by pursuing an approach known a collaborative law divorce.

Collaborative Law at a Glance

There are three overarching principles of a collaborative divorce. First, this approach is designed to avoid litigation and intervention by the courts. Further, the parties must engage in a good faith exchange of information and evidence without going through a formal discovery process. Finally, the parties must agree to communicate in a manner that will advance the highest priorities of the divorce.

This approach involves the considerations typically associated with divorce, such as the division of property, spousal maintenance, child custody and child support. The divorcing spouses and their respective attorneys must agree in writing to not litigate the matter and to negotiate a settlement, however. A collaborative law divorce is unique in that it relies on an interdisciplinary approach in which other professionals, such as psychologists, child specialists, accountants and other financial experts collaborate with the attorneys.

If an agreement cannot be reached, the parties can still take the case to court, but they both must replace their attorneys.  Moreover, if either party violates the principles by hiding assets, lying about relevant information or acting in bad faith, the attorneys can withdraw from the proceeding.

In the end, this alternative approach to divorce provides an opportunity for the parties to resolve their differences fairly, honestly and expediently. Because this process avoids spending time in court hearings, trials and filing motions, it is also less costly that a traditional divorce. A collaborative law divorce can ideally protect children from the emotional harm that often arises in a parental conflict, and restore family unity and harmony. By engaging the services of an attorney with experience in collaborative law, you can find a way to respectfully end your marriage and move on with your life.


Monday, December 7, 2015

Own a Business With a Spouse? What Happens After a Divorce?

Given that this situation encompasses various areas of law, you should consult both a matrimonial and a business law attorney. Depending upon the type of business the division between you and your soon-to-be ex-wife may be straightforward. However, more than likely, it may take significant work to be able to divide the business. If you and your wife intend to continue to own and/or operate the business together, you could simply divide the ownership between the two of you.

Otherwise, the two of you have to continue to work together until the business is actually sold or dissolved. If the business is such that it has two distinct areas you could spin off one of those into a separate entity that can be owned by one of you.  If the business owns real estate, perhaps some of the real estate could be transferred into a new entity to be owned by one of you with the other of you retaining the ownership of the original entity. If the business is such that it is almost impossible to divide, then perhaps one of you becomes the sole owner of the business and has to pay the other over some period of time for the value of one half of that business. Instead of paying the other of you perhaps an outside loan from a bank or other lending institution could be obtained to provide the funding for the purchase price.

A final option may be that the business has to be sold to an outside third party and the proceeds would be divided between you and your wife in accordance with any agreement between the two of you that have been approved by the divorce court or pursuant to an order.


Thursday, August 6, 2015

Seven Tips for Negotiating Your Divorce Settlement

Regardless of how long you have been married, negotiating a settlement is the most important part of the divorce process. Although it is no easy task, working with your spouse to arrive at mutually agreed terms of your marital dissolution is easier on your wallet and your psyche. Whatever conditions caused the breakdown in the marriage are likely still present throughout the divorce negotiation, exacerbated by emotions such as anger and fear as you each transition into the next stage of your lives.

However, staying focused on what’s best for your future will serve you well as you navigate these tumultuous waters. Taking your divorce case to trial and letting the court decide what will become of your property or children is rarely in your best interest. Although you may not get everything you hoped for during a settlement negotiation, you will save a tremendous amount of money, time and emotional anguish.

Divorce settlement negotiations involve a degree of both skill and art, both of which can be attained by following a few simple tips. Even if your attorney is doing the negotiating on your behalf, it is important that you are clear regarding your priorities, so you can make decisions that are truly in your own best interest for the future life you are establishing post-divorce.

Negotiating a settlement agreement necessarily involves a certain amount of give and take, on both sides, so keep in mind that you most likely won’t get everything you want. But following the tips below can help ensure you get what’s most important to you.

  • Establish clear priorities.
  • Know what you can give up completely, where you can be flexible and those critical items where you are unable to budge.
  • Be realistic about your options and the bigger picture, so you can be reasonable when you must “give” something in order to “take” something.
  • Stay focused on the negotiation itself, and your future; avoid recalling past resentments or re-opening past wounds. Your divorce settlement negotiation is no place for “revenge” which can ultimately delay your case and cost you thousands in unnecessary legal expenses.
  • If your soon-to-be-ex-spouse becomes emotional or subjects you to personal attacks, don’t take it personally. This may be easier said than done, but it is important to stay focused on your priorities and realize that such “noise” does not get you any closer to a settlement agreement.
  • If you spouse presents you with a settlement offer, consider it carefully and discuss it with your attorney. It may not include everything you want, but that may be a fair trade off in order to finalize your divorce and move on with your new life.
  • If you are negotiating your own settlement agreement, consult with an attorney before you make an offer to your spouse or sign any proposed agreement.

By keeping the focus on your priorities, and avoiding the emotionally-charged aspects of your failed marriage, you can ensure you negotiate a divorce settlement agreement that you can live with.
 


Friday, June 26, 2015

Mediation & Alternative Dispute Resolution Options in Divorce

My spouse and I would like to pursue an amicable divorce, and would like to stay out of court if at all possible. Are there alternative methods to divorce resolution?

With the dawning of no-fault divorce in New York, couples looking for a more amicable, less-stressful dissolution experience may be able to achieve such results through the use of alternative dispute resolution. Namely, mediation and collaborative divorce models have proven wildly successful in New York and elsewhere, allowing families the opportunity to transition their family dynamics with dignity and grace, as opposed to name-calling and vitriol.

Collaborative divorce

As the name suggests, a collaborative divorce is one in which all parties agree to forgo litigation (i.e., court intervention) in lieu of working together to arrive at a practicable solution. Issues ranging from spousal support to child visitation are negotiated in a non-adversarial environment, and parties are encouraged to work together – as opposed to in opposition – to arrive at a settlement agreement that meets the needs of the family as a whole. Collaborative divorce relies on the mutual agreement by both spouses to engage in full disclosure during all negotiations, as well as treat all parties involved with respect.

Mediation

As a component of the traditional divorce model, mediation is often used when parties are stuck on a particular issue, and is designed to avoid the costs and time investment of full-blown litigation. In lieu of the formal adversarial process, parties are seated at a table before a neutral third party. This third party will then work with both sides to determine the most important factors at play, as well as offer solutions for both parties to consider. If, at the conclusion of the session, an agreement cannot be reached, parties will be scheduled for a full hearing before a New York judge.


Monday, May 18, 2015

Abusive Relationships, Divorce and Immigration

If you are in an abusive relationship but are afraid leaving your spouse will jeopardize your or your children’s immigration status, you are not alone. The law is on your side, and an experienced attorney can help you break free from your abuser’s control and secure your immigration status.

Abuse can take many forms -- physical harm, forced sexual relations, emotional manipulation (including isolation or intimidation), and economic and/or immigration-related threats; the law recognizes this and provides an escape. There are three ways immigrants who become victims of domestic abuse may apply for legal immigration status:

  • Self-petitions for legal status under the Violence Against Women Act (VAWA)
  • Cancellation of removal (also known as deportation) under the VAWA
  • U-nonimmigrant status for victims of crime

A lawyer can help you determine which option is right for you and your children, and help you file the appropriate documents. All of the options above are confidential, so your abuser and other people will not know you have applied unless you tell him or her.

Marriage is not supposed to be a trap. Your immigration status should not prevent you from leaving a relationship that is harmful to you or your children.

If you or your children are in immediate danger, do not hesitate to call 911. Tell the police what you fear is about to happen, and be prepared to tell them about any abuse that has happened in the past. The police may arrest your spouse, and/or other people, if a crime has been committed. Once you are out of harm’s way, you can seek legal assistance from an attorney to help you gain a more permanent solution to your problems.

If you are not in immediate danger, it is a good idea to reach out to an attorney with experience handling these types of cases as this can be a confusing area of law. Having someone that can guide you along the way is critical.


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