Blog Posts in 2007
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Posted on Nov 7, 2007 By Brian D. Perskin
In the following case the wife won her appeal. She was granted a total of 1750 in child support, and attorneys fees in the amount of twenty-thousand dollars. This seems like a win, but in reality all ...
Continue reading "Why Appeal If You Have Nothing to Win?" »
Posted on Nov 7, 2007 By Brian D. Perskin
A divorce trial is time consuming and expensive. Many times the appellate division only makes minor adjustments to a written decision by a Judge in New York State. Many people appeal and lose, not ...
Continue reading "Should I Appeal?" »
Posted on Nov 7, 2007 By Brian D. Perskin
64.2.12 - - - Hale Hale v. Hale, 16 A.D.3d 231, 792 N.Y.S.2d 27 (First Dept. 2005)(2005 WL 612968)(2005 N.Y. Slip Op. 01997)(Mar 17, 2005): Supreme Court, Appellate Division, First Department, New ...
Continue reading "Anything Can Happen at Trial" »
Posted on Aug 18, 2007 By Brian D. Perskin
I came across this post, and while it is not written by a New York divorce lawyer, I found it valuable enough to share. To view the full text of the article on a dozen things to consider before you ...
Continue reading "A Dozen Things to Consider Before You File" »
Posted on Aug 18, 2007 By Brian D. Perskin
Prenuptial agreements are becoming increasingly common in New York. I have been preparing more and more as time goes on. Many people always ask me, will it hold up in Court? As long as the agreement ...
Continue reading "Duress is Difficult to Prove" »
Posted on Aug 18, 2007 By Brian D. Perskin
Many times in New York divorce cases people make separation or settlement agreements for events that will happen in the future. A great example is when a wife or a husband agrees to take a percentage ...
Continue reading "It is Never Too Late to Collect" »
Posted on Jul 17, 2007 By Brian D. Perskin
It is a common misconception that jewelry is necessarily the separate property of the wife and is never subject to equitable distribution. In fact, many people don't even mention jewelry when ...
Continue reading "The Family Jewels" »
Posted on Jul 3, 2007 By Brian D. Perskin
The question of whether or not an inheritance is subject to equitable distribution has gotten a lot of attention. Take a look at the following excerpt from Spencer v. Spencer which finds that ...
Continue reading "Is My Inheritance Safe?" »
Posted on Jul 3, 2007 By Brian Perskin
The question of whether or not an inheritance is subject to equitable distribution has gotten in a lot of attention. Take a look at the following excerpt from Spencer v. Spencer which finds that ...
Continue reading "Is my inheritance safe?" »
Posted on Jul 2, 2007 By Brian Perskin
All too often, fathers or mothers come to court and say they do not earn any income. The Courts in New York have the power to impute income to the non custodial parent, if the Court believes that a ...
Continue reading "Imputing Income" »
Posted on Jul 2, 2007 By Brian Perskin
April 3, 2007 Page 1. SHAGOURY v SHAGOURY Supreme Court of the State of New York Appellate Division: Second Judicial Department D14539 C/hu AD3d Argued - February 20, 2007 STEPHEN G. CRANE, J.P. ...
Continue reading "You are entitled to a Defense" »
Posted on Jul 2, 2007 By Brian Perskin
Clients often ask about the distribution of stock or employee stock options upon divorce. Unfortunately, there is no one way to determine the value of these assets without immediate sale, which is ...
Continue reading "Struggle over Stock" »
Posted on Jun 28, 2007 By Brian Perskin
If you are fighting the grounds for a divorce, make sure that your answer to the complaint contains a request for child support and maitenancen. A recent decision by a respected justice in New York ...
Continue reading "It is all in the Answer?" »
Posted on Jun 28, 2007 By Brian Perskin
A Post nuptial agreement is basically a settlement agreement. However, the Courts in New York will require that the agreement is fair. Many times, when one spouse feels guilty they will sign anything. ...
Continue reading "Post Nuptial Agreements" »
Posted on Jun 28, 2007 By Brian Perskin
Pre nupts are valid, and it is difficult to get them thrown out in Courts in New York, read the following case from the third department..... - - - Darrin Darrin v. Darrin, --- A.D.3d ---, --- ...
Continue reading "What happens if Somebody Files for Divorce?" »
Posted on Jun 23, 2007 By Brian Perskin
Child support is calculated from a parties last filed federal income tax return. The Court cannot discount the fact that an individual made to much money in the year before determining child supp The ...
Continue reading "What if I worked to much overtime?" »
Posted on Jun 3, 2007 By Brian Perskin
Divorce Preparation: Step 10 - Stay Put (until further notice) We are nearing the end of our series on practical steps to take when you are facing an imminent divorce. We have reached Step 10 - Stay ...
Continue reading "Shoud I Move out?" »
Posted on Jun 3, 2007 By Brian Perskin
Divorce Preparation: Step 9 - Avoid additional debt or major purchases We continue our series on practical steps to take when you are about to face divorce. We are now to step 9 which is simple, but ...
Continue reading "What about additional Debt ?" »
Posted on Jun 3, 2007 By Brian Perskin
Divorce Preparation: Step 11 - Keep a diary This post continues are series on practical steps to take when a divorce is imminent. We are now on Step 11: Keep a diary/calendar It is important to ...
Continue reading "What is the First thing I should Do ?" »
Posted on Jun 3, 2007 By Brian Perskin
66.2.20 - - - Pulver Pulver v. Pulver, --- A.D.3d ---, --- N.Y.S.2d --- (Third Dept. 2007)(2007 WL 1499069)(2007 N.Y. Slip Op. 04375)(May 24, 2007): Supreme Court, Appellate Division, Third ...
Continue reading "Equitable Distribution" »
Posted on Jun 3, 2007 By Brian Perskin
The appellate division in the first department recently ruled in Gross v. Gross that in order to be granted a divorce based on the grounds of cruel treatment in New York, a divorce litigant must have ...
Continue reading "Do I have enough for Cruelty to Get a Divorce?" »
Posted on Jun 3, 2007 By Brian Perskin
Make Sure Your Lawyer Follows the Rules!!!! In a recent case the appellate division dismissed a divorce action, because the lawyer failed to file the proper paper work in a timely fashion. As the ...
Continue reading "Make Sure Your Lawyer Follows the Rules!!!!" »
Posted on Jun 3, 2007 By Brian Perskin
02 | 14 | 2007 Posted By Michael Sherman Step 2B - Determine what you owe We are still on Step 2 of Preparing for a Divorce. Step 2 is "make an accounting of the family finances." We've discussed ...
Continue reading "What are we Worth?" »
Posted on Jun 3, 2007 By Brian Perskin
Step 2C - Determine Income (yours and your spouses) Your lawyer will need documentation showing your income (if you work outside the home) and the income of your spouse. This is important for a number ...
Continue reading "Determine Your Income? Is everything Reported?" »
Posted on Jun 3, 2007 By Brian Perskin
Divorce Preparation: Step 5 - Document & Safeguard Personal Property The fifth step in our series on preparing for divorce : Document and Safeguard Personal Property. Inventory and photograph your ...
Continue reading "Safe Guard you Documents" »
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