FAQ’s About the Divorce Process: From a Divorce Lawyer In Brooklyn

FAQ’s About the Divorce Process: From a Divorce Lawyer

(1) Infidelity is expensive

A popular impetus for the initial consultation with a divorce lawyer in Brooklyn is often the discovery, by one spouse, of the other spouse’s infidelity.  Often that spouse is, understandably, still angry and emotional about the discovered infidelity when they start the divorce process.  As such, I speak to a lot of people who want to know: how can the fact that (he)(she) cheated on me help me in my divorce?

New York is a “no fault” state.  Essentially this means that anyone who meets the jurisdictional requirements can sue their spouse for divorce without first having to prove that their spouse is “guilty” of, for example, infidelity.  In a legal sense, therefore, it is irrelevant that a spouse may have been “unfaithful” to the bounds of matrimony.

There is another legal concept, however, called “marital waste” that I see as a divorce lawyer in Brooklyn.  If, for example, the cheating spouse were to take his or her paramour on extravagant vacations totaling thousands of dollars from the marital funds, this would be an improper use of marital funds to which the non-cheating spouse might be entitled a credit.

… but, is it worth it?

Though marital waste claims can be made by either party, it’s worth considering whether the legal fees associated with litigating such claims are worth it in the long run.

(2) Emotional baggage prolongs the process.

It is often the spouse who doesn’t want the relationship to end who turns down otherwise reasonable settlement offers because they’re not emotionally ready for the relationship to end.  Unfortunately, “emotion,” though natural and normal in the divorce process, can act in direct conflict with “logic” and “reason,” and can hinder or prolong the divorce process.

Take it from a divorce lawyer in Brooklyn – spouses whose egos have been bruised by infidelity are a prime example. To some, it becomes more important to make their unfaithful spouse “suffer” by prolonging the litigation process, hoping that the experience will somehow be cathartic.

(3) Money isn’t everything.

High-asset divorce cases generally last longer than cases with fewer assets.  However, some couples end up spending thousands of dollars in legal fees arguing over how to split the limited pot of marital assets. My advice as a divorce lawyer in Brooklyn: before pursuing a divorce, be sure to assess your actual attachment to your assets, as sometimes emotional closure, more quickly achieved, is more valuable than standing to gain a few extra bucks in the end.

… which brings us to our next point …

(4) The true meaning of “settlement” and the importance of tempering your expectations.

There seems to be a misconception as to what it means to “settle” a case.  For many, the idea of “settling” for anything less than “The American Dream” has been widely stigmatized.  Quite to the contrary, however, many attorneys looking out for their clients’ best interests will encourage settlement, and from a judicial standpoint, a court will always look more favorably on litigants who choose to take their future into their own hands and reach an amicable settlement arrangement.

… and finally …

(5) Don’t forget to consider the impact your divorce is having on your children.

IF YOUR DIVORCE INVOLVES CHILDREN, IT IS OF PARTICULAR IMPORTANCE TO TRY TO RELEASE ANY EMOTIONAL BAGGAGE AGAINST YOUR SPOUSE WHICH IS PREVENTING YOU FROM SETTLING YOUR CASE.  IT IS WIDELY ACCEPTED THAT DIVORCE CAN BE A TRAUMATIC EXPERIENCE FOR CHILDREN OF ALL AGES.  CHILDREN ARE RESILIENT, BUT THEY ARE ALSO PERCEPTIVE.  ABOVE ALL ELSE, TAKE THIS ADVICE FROM A DIVORCE LAWYER IN BROOKLYN: DO NOT TRY TO TURN YOUR CHILDREN AGAINST THEIR OTHER PARENT, AS THIS IS LOOKED UPON MOST UNFAVORABLY BY ALL COURTS.

When will I be divorced (why does it take so long!)?

When will I be divorced (and why does it take so long!)? – NYC Divorce Lawyers Answer

Many people who go through the divorce process become frustrated by the length of time it takes even for a so-called “uncontested” divorce to be finalized. Divorce paperwork for an “uncontested” divorce is filed when a couple agrees on all the issues and desires to simply pay the applicable fees and obtain a judge’s signature – seems simple, right?  Unfortunately, there are many behind the scenes steps required that most people are not aware of. NYC divorce lawyers from The Kleyman Law Firm tell you why.

First, whether a couple utilizes the services of an attorney or decides to prepare uncontested divorce papers themselves, many are surprised by the number of items the divorce packet includes and how much information is required to complete them.  Depending on the county there can upwards of 25 different documents that need to be prepared – some are fill-in-the-blank documents provided by the court (for example, the certificate of dissolution), but others are documents that are not fully explained on the checklist, and examples are not readily available (for example, the Plaintiff’s and Defendant’s affidavits).  NYC divorce lawyers know that if the paperwork is submitted without even one of the items on the checklist  – or if any of the papers are missing even one item of required information – the entire packet can be rejected. When these packets are submitted to the court, they need to be logged into the court’s computer system, initially checked to make sure the applicable fees have been paid, and transferred to the correct person to be reviewed. The review of these packets takes some time, so that it may be several months after the packet is submitted before the couple is informed that it has been accepted or rejected. Depending on the county, the paperwork may be reviewed by a matrimonial judge, a clerk working for a matrimonial judge, a “special referee,” and/or an employee of the matrimonial clerk’s office who is trained to review such documents.

THOUSANDS OF UNCONTESTED DIVORCE PACKETS ARE FILED EACH YEAR BY NYC DIVORCE LAWYERS AND PEOPLE REPRESENTING THEMSELVES, EACH OF WHICH  INCLUDE SEVERAL PAGES OF TEXT WHICH NEED TO BE CHECKED IN DETAIL.   A STIPULATION OF SETTLEMENT, FOR EXAMPLE, WHICH SETS OUT THE TERMS OF A COUPLE’S AGREEMENT, CAN SOMETIMES BE OVER FIFTY PAGES – AND THAT IS IN ADDITION TO THE OTHER DOCUMENTS SUBMITTED.   EACH PAGE MUST BE CHECKED CAREFULLY.

Once the papers have been logged, checked, and reviewed, a judge or referee must sign the documents which are to become orders – the Judgment of Divorce, the Findings of Fact and Conclusions of Law, and, where applicable, other orders such as the Qualified Domestic Relations Order and the Qualified Medical Child Support Order.  The judge or referee must carefully review these documents to ensure that they match the parties’ agreement terms exactly, and that all statutorily required language and calculations have been included. If anything is missing or done incorrectly, the papers can be rejected or the NYC divorce lawyers can be contacted for corrections.

While many couples find this process frustrating, it is important to remember the reason that the court staff is so careful and demands such precision – these processes are to ensure that the needs of the divorcing couple and their children are met, and that nothing is left out or incorrect that could potentially cause problems down the road. These papers are the only thing the court will see of a couple who is filing for divorce uncontested – there are no court appearances in an uncontested divorce  — and the court wants to ensure they have the entire picture and that everything important has been accounted for.

So, be patient, check in with the clerk’s office from time to time to make sure they have everything they need, and your divorce judgment will – eventually – be signed.

Divorce Lawyers In Brooklyn – Know Where The Money Comes From In Your Marriage

Divorce Lawyers In Brooklyn – Know Where The Money Comes From In Your Marriage

If you’re going into the divorce process, there are two terms you will become familiar with very quickly: “monied spouse” and “non-monied spouse”.  The “monied spouse” is the spouse who makes all or most of the money in a marriage.  The “non-monied spouse” is the spouse who makes none or least of the money in a marriage.  With very few exceptions, the “monied spouse” is required to pay child support and spousal maintenance to the “non-monied spouse” for a pre-determined duration of time.

Unfortunately, a common problem for the “non-monied spouse” is a lack of knowledge of the family’s finances.  Regardless of whether you are the monied or non-monied spouse, however, it is important that you have at least a general idea of your family’s finances before you enter into the divorce process.  Divorce lawyers in Brooklyn advise that lack of at least a general knowledge of the family’s finances could ultimately impact your child and spousal support award or obligation, among other things.

Because most spousal and child support awards are based on a statutory formula that a judge will simply plug into a calculator made specifically for purposes of determining support, both incomes, relative to each other, will directly determine how much the non-monied spouse is likely to be awarded in his or her divorce, and how much the monied spouse will likely be obligated to pay.  Divorce lawyers in Brooklyn say that this is important information for both spouses to know because it could help to lower payment obligations for the monied spouse, or increase payments to the non-monied spouse.

At the very minimum, a spouse should have copies of the most recent tax returns for their spouse, as a court generally sets the incomes for both parties based on the most recent year’s tax return.  However, divorce lawyers in Brooklyn suggest that the more information you can obtain, the better, as the most recent year’s tax return will not always be the best predictor and/or historical accounting of your spouse’s actual earnings. 

If a case is highly contested, and/or one spouse has a history, for example, of hiding or dissipating marital assets, subpoenas of bank accounts and other financial statements can be obtained to help the court determine an award of equitable distribution when one spouse refuses to provide documentation evidencing same, or if the court or your divorce lawyers in Brooklyn have reason to believe that your spouse is not being entirely truthful in his or her disclosure of these assets.

Divorce Lawyers In NYC Are Against The New Legislation Aimed To Further Tax Alimony.

DIVORCE LAWYERS IN NYC ARE AGAINST THE NEW LEGISLATION AIMED TO FURTHER TAX ALIMONY.

By now everyone has heard that the GOP is attempting to pass major tax reform legislation.  On Thursday, November 16, 2017, the House passed their version of the tax bill, the “Tax Cut and Jobs Act,” first introduced on November 2, 2017, and now the Senate will debate passing a version of their own. As one of the divorce lawyers in NYC, I’m opposed to this legislation.

The House bill is sweeping – cutting the corporate tax rate, changing the rates at which personal income is taxed, eliminating the estate tax, and doing away with several credits and deductions – and has one provision aimed specifically at couples contemplating or pursuing divorce.

Currently, spousal support payments (commonly referred to as alimony, or maintenance) are tax-deductible to the paying spouse, and taxed as income to the receiving spouse.  Divorce lawyers in NYC advise their clients that this arrangement takes a bit of the sting out of making support payments, which can lead to speedier, less contentious negotiations and settlements.

The GOP tax plan eliminates this arrangement, removing the tax cut to the payor and making support payments tax-free to the recipient.

The argument offered for this new plan is that it will (in certain cases) cause divorcing couples to pay more in total taxes than married couples, incentivizing the maintenance of intact families and producing additional tax revenue for the government from those who choose to divorce.   At present, it is possible for some divorcing couples to achieve a better tax result post-divorce than they would have had as a married couple – and the GOP plan eliminates this possibility. Divorce lawyers in NYC know that eliminating this tax break will also place strains on settlements and what the monied spouses will be willing to offer to their former spouses in support payments.

In states where there is no statutorily required spousal support, this change will prolong and raise the cost of litigation because it will be harder to get a monied spouse to agree to payments without the benefit of a tax deduction.  In New York, and other states where spousal support is mandatory if not waived, this will act as a penalty imposed on those getting divorced – essentially a morality tax imposed by the Federal Government. As one of the divorce lawyers in NYC, the last thing I think we need is the government getting involved further with our personal relationships.

The GOP tax plan is not yet the law of the land, having passed only the House of Representatives.    However, a version of the same plan has been approved by the Senate Finance Committee and will be sent to the full Senate for a vote soon.

Why should you try to settle your divorce? Rated Top Divorce Attorneys In NYC Weigh In.

WHY SHOULD YOU TRY TO SETTLE YOUR DIVORCE? RATED TOP DIVORCE ATTORNEYS IN NYC WEIGHT IN.

There is a common misconception that all divorces must go to court, and that, once in court, the only thing to do is argue in front of the judge and hope he or she decides in your favor.   What most people don’t know is that the parties in a divorce have the power to settle the case at any stage in the process.   From before any papers are filed to mid-trial, the parties can sign an agreement and bring their divorce to a close. As one of the top divorce attorneys in NYC, I recommend to try settlement first.

The benefits of settling a divorce over going (or continuing) before a judge are numerous.  The first, and I would argue most important, benefit is that the parties have the power to decide how to resolve each issue.  Every divorcing couple is different, and has different needs.  Top divorce attorneys in NYC will tell you that it can be stressful going to court and hoping a judge will understand and grant your wishes – through settlement a party has more power and opportunity to make their wishes known, and to bargain in order to make sure they come true.  Another major benefit is cost.  Hiring an attorney to represent you in court can be very expensive, especially if the case goes to trial – all the hours the attorney spends preparing, all the hours spent drafting documents and filing them with the court, all the time spent in the court room.  If the parties settle, many of these costs can be avoided.   A quick settlement might only cost the time it took to negotiate, draft papers, and file them.

Other benefits are that the process of negotiation, if all parties are operating in good faith, can be light years faster than going through the court system.  A negotiation done by one of the top divorce attorneys in NYC might conclude in a week, whereas it could take over a month just to get the first court appearance date, and several years to bring the case to a close.  Also, settlement is often less stressful for children – because it is faster, and because it is often less acrimonious – and the parties can spend more time making sure that, post divorce, the specific needs of their children will be met.

Of course, many top divorce attorneys in NYC will say that there are times when settlement is not a smart move.  A court can issue official orders guaranteeing payment, ensuring that one spouse does not use up all of the parties money wastefully, appointing neutral appraisers and outside experts when the parties cannot agree.  Not every couple is able to communicate with each other– even with the assistance skilled lawyers.  For such couples, going to court remains a good option.

BEING A PARALEGAL FOR NEW YORK CITY DIVORCE LAWYERS

Working as a paralegal in the divorce field consists of being part of a team comprised of New York City divorce lawyers and other support staff, all working towards a common goal, and involves a position that comprises a wide spectrum of tasks and responsibilities. Does the thought of a monotonous daily routine at work sound unattractive to you? If I was presented that question, I would answer with an emphatic YES!! It is the main reason why I enjoy working as a paralegal side by side with New York City divorce lawyers.

On a Monday morning, my day may begin by filing a pleading with the Matrimonial Clerk at the Supreme Court in New York County, and the afternoon may involve sitting in on a client consultation and gathering pertinent information needed to move forward with a particular case. My Tuesday morning could be spent on the phones trying to get in contact with a court reporter in order to obtain a transcript or trying to communicate with opposing counsel regarding a future court appearance. Another day may be spent drafting pleadings or going through discovery provided by opposing counsel together with New York City divorce lawyers in my firm. The flexibility provided by the position and the inclusivity in the furtherance of the overall case, are some of the things that I find most enjoyable in being a paralegal in the divorce field.

The area of divorce law is one that deals with the most cherished and valued parts of peoples’ lives. My team of New York City divorce lawyers gives every case and every client 100%. When assisting someone whom is going through a divorce you are dealing with someone whom is going through an extremely sensitive and important ordeal, some may find this to be challenging. I personally, find it rewarding to be able to bring a bit of peace or a sense of security to a client that may be overly worried. Being a paralegal in the “melting pot” known as The Big Apple and working as a key member of a team of New York City divorce lawyers, one should be ready to come across very interesting situations, some unexpected others unheard of, and be prepared to analyze the facts objectively.

Emmanuel Seggara
Paralegal
Kleyman Law Firm