Recent Blog Posts

How Does Hiring a Lawyer Trump Doing the Divorce Yourself?

Brian Perskin — Wed, 16 May 2012 22:14:00 GMT

As you are probably aware, it is possible to get a divorce without a lawyer. However, it is not recommended, especially if your case is anything but extremely simple. If you need help with property division, child custody, alimony, or child support, you are going to need a lawyer's help. Even if your divorce seems fairly simple, you should consider the main reasons to hire a divorce lawyer.

Get Legal Jargon Deciphered

You may be able to get the paperwork to file for divorce online, but that does not mean you will necessarily know what all the terms mean. In fact, you will probably not have to get very far into the documents to realize you do not understand certain legal phrases. Rather than looking up each term as you try to fill out the paperwork, you should hire a lawyer who can explain it all to you in layman's terms as you fill in the blanks.

Get an Immediate Response

When your ex sends you papers or makes threats, you need to be able to tell someone right away so you can find out how to respond. Getting divorced through websites that simply provide you with the paperwork to file does not allow you the luxury of asking questions. When you use the services of Brian D. Perskin & Associates P.C., we are happy to answer your questions and soothe your concerns right away. Our fast response time allows you to get some peace of mind instead of staying up all night worrying about every threat from your ex.

Get the Representation You Deserve

You will need someone on your side during negotiations. This is especially true if your ex has a lawyer, as he or she will have an immediate advantage unless you hire someone, too. You need a legal professional who can make sure you are not being walked on when it comes to negotiations with your former spouse. Our team can accompany you to meetings and advise you before you accept any type of deal.

Of course, if you go to court, you will definitely need representation. In fact, you need a lawyer who has successfully represented several clients in divorce court. This can improve both your chances of winning and your peace of mind during the divorce. Not every lawyer has trial experience, so be sure to choose one who does.

When you need legal advice and support, come to Brian D. Perskin & Associates P.C. We understand all aspects of New York divorce, as we are always up-to-date on the latest laws and trends. We will give you the best chance of getting the outcome you need, even if your case is rather complicated. In fact, we welcome complex cases that cannot be solved without legal help. Contact us today for a case evaluation.

Mena Suvari's Ex Requests Over $17k in Alimony

Brian Perskin — Wed, 16 May 2012 22:04:00 GMT

If your ex-partner is requesting alimony, you should note that many celebrities can relate. In fact, contrary to popular belief, it is not always the women who request alimony from their former husbands. Apparently, actress Mena Suvari's ex-husband has recently asked her for over $17,000 per month in spousal support.

Mena and her ex-husband, Simone Sestito, were married for 18 months before she filed for divorce. The couple claimed irreconcilable differences, and Mena requested that he not get any spousal support. However, her ex claims that he was used to dining out all the time when he was with her, as they usually spent $3,000 monthly at nice restaurants.

He claims that in order to continue that lifestyle, he needs $17, 151 every month. He also wants her to pay $10,000 for his legal fees in divorce court. Considering that Mena already tried to prevent him from getting any money for spousal support, it is likely that she will fight this request in court.

Her annual salary is reportedly about $750,000. Unfortunately, her ex-husband's salary seems to be sitting right at zero. He claims he has no money due to a failed business in his past. Apparently, he has been mostly living off his parents and credit cards because he has no income.

Spousal support is often said to help divorced individuals continue the kind of lifestyle they were used to during marriage. However, it is doubtful that a judge will grant alimony just so that a former husband can continue eating at nice restaurants after the divorce. In addition, since the marriage did not even last two years, it is hard to believe that Simone really got used to this lifestyle. Alimony is most often granted to people who have been married for several years and would have trouble adjusting their expenses to match their income after the divorce.

An additional detail that makes it unlikely that Simone will get this kind of money is that he is able-bodied and young. He is considered capable of getting a job, so most judges would simply request that he earn his income. Unlike some couples, it does not appear that he spent the best years of his life raising children while his former wife worked, nor is he disabled or too old to get a job. For these reasons, it is unlikely that he will receive the spousal support he has asked for, if he gets any at all.

If you are wondering if your ex-spouse has any right to alimony, you should consult with our legal team. We at Brian D. Perskin & Associates P.C. have spent decades working on cases involving spousal support, including high net worth cases like this one. We can take a look at your situation to determine the chances that you will have to pay alimony. We can then represent you should your case go to court. Call us at 212-355-0887 or 718-875-7584 to begin discussing your case today.

Usher's Ex Makes Several Demands After Divorce

Brian Perskin — Wed, 16 May 2012 21:59:00 GMT

Singing star Usher Raymond filed for divorce from Tameka Foster in 2009, but the two are still fighting over child custody and other common divorce issues today. His ex-wife now claims that he needs to provide her with a home so that she does not become homeless after the divorce is complete.

Child Custody Concerns

This all comes after she reportedly tried to get their two sons taken out from under his care by claiming he did drugs and was not following the parenting agreement. Right now, Usher has physical custody of the two children, but Tameka is fighting that in every way possible. Not only did she request that he take a drug test, but she also told the court that he did not let her know before he hired nannies to look after them.

She also brought up the fact that he has not let her have custody of their sons during a few holiday breaks. In addition, he supposedly traveled out of the state with the children without getting her permission. For these reasons, she is apparently attempting to obtain full custody of the children.

Child Support Issues

Additionally, Tameka has claimed that Usher told her he would pay her $5,000 monthly to get a nanny for the children. However, he has not come through with that promise, so he owes thousands of dollars in back pay now.

Plus, he has supposedly increased his income by quite a bit, which has prompted Tameka to request additional child support. As long as there is a substantial change in the income or expenses, it is often possible to modify the amount of child support. It is unclear, though, whether Tameka's claims of an increased income are true.

Additional Demands

Aside from requesting that changes be made to the child custody and child support arrangements, Tameka has also begged Usher to provide her with a home. She has three children from a previous marriage, so even if she does not get custody of the couple's two sons, she will need a house for her other kids.

She currently lives in one of his homes, and it appears that he is considering selling it soon, which would leave her homeless. To prevent this outcome, she has asked that he at least leave her the house, but so far, it looks like he has other plans for the property.

Tameka is far from the only woman spreading rumors about her ex-husband in an attempt to get the children. If you are dealing with a former spouse who is claiming you are doing something wrong, just so he or she can get full custody, you should call Brian D. Perskin & Associates P.C. today. We have helped numerous clients keep custody of their children, despite rumors being spread by ex-partners.

Legal Separation vs. Divorce

Brian Perskin — Fri, 11 May 2012 15:56:00 GMT

When you are dating and want to take a break from the relationship for a while, you can usually do just that. But it's not so easy to take a quick break when you are married, which is why legal separation agreements exist. You need contracts that state how child custody, child support, and alimony will work while you are apart. If you are considering legal separation, learn the basics of how it works.

How Does It Differ from Divorce?

This legal option is different from divorce because your marriage is still technically intact. You are simply taking a break, which usually consists of living apart without going through the longer process of divorce. Of course, studies show that the majority of couples who legally separate usually end up divorced, but you might want to try this route if you are not sure you want to divorce yet.

Benefits of Legal Separation

There are some reasons that some couples decide to separate instead of divorcing right away. The most obvious reason is that it can give you a chance to think about the divorce and decide if you really want it. You may end up missing your spouse after just days, realizing that you are not happy without him or her and wish to work out your problems. Having this realization come after filing for divorce can be much more expensive and complicated than when it occurs after legal separation.

Perhaps you do not want to be in a relationship with your spouse anymore, but divorce is against your personal beliefs. For example, many religions frown on this legal process, so you may choose legal separation to stay in line with your beliefs. However, you may not want to be miserable for life simply due to your beliefs, which is why you might choose legal separation instead.

In many cases, divorce would make it difficult to get certain benefits. For instance, your current health insurance coverage may be off limits to you when you divorce your spouse, so you may need to stay legally married to get benefits. In addition, if your spouse gets benefits from the government, you may not receive them anymore after divorce, so staying together makes sense if you need the money.

Why Hire a Lawyer?

When you go for legal separation, you often have to make the same decisions as when you divorce. This means you need to negotiate child custody, child support, alimony, and asset distribution. You need a lawyer like Brian D. Perskin & Associates P.C. before you enter into any agreements. This is especially true if the legal separation eventually becomes divorce, as most judges are likely to keep the initial court orders the same even after you file for divorce. Therefore, you need a lawyer from the start, so call our firm today.

More Women These Days Pay Alimony and Child Support

Brian Perskin — Fri, 11 May 2012 15:33:00 GMT

Recent studies have found that more women than ever are paying child support and alimony to their ex-husbands. There are many reasons for this, and various effects, as well. In general, it seems that simply being female these days does not guarantee that you will get alimony, child support, or even custody of the children. This is why you need a lawyer now more than ever.

Why Have the Facts Changed?

It used to be that most women automatically expected child support and sometimes even alimony. This was mostly because they did not have jobs, and if they did, they were not paid nearly as much as most men. Since financial support is often paid to the person with the least amount of money, most women got enough to help them survive in their own home.

In addition, child support is given to the custodial parent raising the kids. In the past, it was assumed that mothers always got custody of the children. But these days, you cannot be sure until the settlement or trial concludes since more fathers are gaining custody, either sole or joint. This means that if you are a mother, your odds of getting child custody and support are closer to the father's odds than ever before.

One of the reasons for this change is that more women work outside the home than before, and can therefore support themselves. If you make nearly the same as your ex, or at least have the ability to due to a degree or experience, you may not get alimony. In addition, if it turns out your ex-husband has just as much of a desire to raise the children as you do, you may have to split custody, which could reduce the amount of child support you receive. In fact, you may not get child custody at all, which would make you responsible for paying child support.

Hiring a Lawyer

Most people can benefit from hiring a lawyer. But you would especially benefit from an attorney if you are a woman who works, with an ex who is going for child custody. This is because you may end up being ordered to pay alimony or even relinquish custody of the children. At the very least, you might not get the amount of alimony or child support you think you need, all because you are considered just as capable of bringing in income as your former husband.

When you want to fight this kind of decision, you need to turn to Brian D. Perskin & Associates P.C. so you have a chance of getting the amount of financial support you need. If you are worried about the possible outcome of your divorce case in New York, call us at 212-355-0887 or 718-875-7584.

"Real Housewives" Star Had a High Net Worth Settlement in the Past

Brian Perskin — Mon, 07 May 2012 14:24:00 GMT

If you have ever watched "The Real Housewives of Beverly Hills," you might know that Yolanda Hadid was recently added to the cast. Many people have been wondering where she got all her money. Though the former model is now happily married, she filed for divorce from a now ex-husband in 2003, and apparently made a fortune from the settlement.

The Marital Home

One of the most important assets she got to keep was the couple's marital home, which was a $6 million mansion in Malibu, California. This may not be that surprising since she got to keep the children, and since many judges do not want to disrupt the kids' lives by making them move, they frequently offer the marital home to the custodial parent.

Alimony and Child Support

On top of losing the house, her ex-husband was ordered to pay $30,000 monthly in child support. The money was meant to help Yolanda raise their three children without sacrificing their regular lifestyle. In addition to this money, he was ordered to pay $10,000 per month in spousal support. However, as is typical, the spousal support stopped once she remarried.

The Jointly-Owned Business

Yolanda was also granted the couple's business, Hadid Interiors. The couple had a few options when it came to this business. The first was selling it and splitting the profits. Another choice was allowing one spouse to continue running it while giving some profits to the former spouse. The third option was completely relinquishing the business and its profits to one spouse, which occurred in this case.

Other Assets

Yolanda also received a few other assets from the divorce. For example, she got to keep two luxury cars: an Escalade and a Range Rover. She was also given an Arabian horse and several bank accounts that the couple shared during marriage. Additionally, her former spouse had to pay her $3.6 million after the divorce, likely after the assets were all divided. This means it is likely that her ex-husband is still left with plenty of assets since the couple surely had more than one house, a few cars, and several bank accounts.

How We Can Help

Whether this is the kind of settlement you have always hoped for, or you want to keep your former spouse from greedily requesting this much, you should contact Brian D. Perskin & Associates P.C. We can work on getting you the amount that is believed to be fair.

Even if other lawyers have told you that you have no chance of getting the amount you want, we encourage you to come to us for a consultation. We may be able to work out a deal so that you get at least some of the assets you are hoping for. We have even worked with high net worth cases, so we invite you to contact us whether or not your case would involve many of the same assets as Yolanda's.

Martin Lawrence Files for Divorce

Brian Perskin — Mon, 07 May 2012 13:59:00 GMT

Yet another celebrity has filed for divorce: Martin Lawrence seeks to divorce wife Shamicka. They were married for less than two years, and legally separated one day before filing. However, they were together as a couple for 15 years, and they have two daughters together who are 11 and 9 years old.

One thing most people want to know during celebrity divorce cases is whether the couple had a prenuptial agreement. In this case, they did, which means they likely already know who gets which of their assets and debts. Not having a prenuptial agreement could drag the divorce out longer than necessary because couples rarely instantly agree on what each person should walk away with.

One detail that is not as set in stone as this couple's assets is child custody. Apparently, the actor is requesting joint physical custody of the children, meaning he would likely get about as much time with the kids as his wife would. There is no word yet on whether his wife is protesting joint physical custody, though Martin did comment that the couple has already pledged to try to get along and raise their children jointly.

Martin is also asking for joint legal custody. This means he will be able to help make decisions regarding where the children go to school and church, as well as any other issues that could affect their wellbeing. Martin could end up with either type of custody, or both, with the latter being the most likely scenario since the two often go hand in hand.

Of course, the couple's divorce lawyers still need to start negotiating to determine all the details. For example, it remains to be seen which holidays each parent will get with the children. In addition, the custody arrangement will likely have to work around Martin's career, as well as that of his wife, if she is employed. Therefore, many details have to be considered before the case is closed.

The couple filed for divorce in Los Angeles County, and since California is a community property state, their assets would have been divided equally were it not for the prenuptial agreement. This is not the case in New York, which uses equitable distribution to divide the assets. This may mean Martin would have fared best filing in this state instead of California if he did not have the prenup.

Irreconcilable differences was the reason given for the divorce, which seems to be a common theme in many celebrity divorces. There are no additional details at this time that explain what went wrong when the long relationship became a short marriage.

If you are considering divorce in New York, or just have questions about how your divorce would work if you were to pursue it, contact Brian D. Perskin & Associates P.C. Our team has more than 40 years of combined experience, so call us at 212-355-0887 or 718-875-7584.

The Kardashian Case Could End Up In Divorce Court

Brian Perskin — Mon, 07 May 2012 13:52:00 GMT

Most people are already aware of the drama that stems from the widely publicized divorce of Kris Humphries and Kim Kardashian. Now the drama seems to be escalating because Kris apparently wants to go to divorce court.

He claims his insistence on going to court is less about the money she has supposedly kept and more about exposing her lies. One example of an issue he is upset about is that she reportedly kept a $325,000 wedding gift and refuses to share it with him. Of course, he rightfully owns part of the present, so if she wants to keep it, she needs to include it in negotiations. This means she could perhaps keep it if she compromises by offering Kris an asset that is worth about the same amount.

The couple has apparently been trying to negotiate out of court for months, but Kris is not happy with the results so far. Making matters worse, Kim has been dating Kanye West, which may contribute to her ex-husband's anger at the situation. Not everyone dates so soon after divorce since they are not usually ready, and also bringing another person into the picture before the divorce is even complete can cause more drama. This is just one example of a dramatic celebrity divorce.

In addition, it is an example of what can happen when couples try to work out the divorce details outside of court, and one of the spouses makes it difficult. You may be trying to stay out of court, but sometimes it makes sense to finally put a stop to drawn out negotiations and just get it all over with in divorce court. At least this way you know you will get an answer so you can move on with life.

Many lawyers feel otherwise, and try to encourage couples to negotiate for months or even years. However, as you can see with this celebrity divorce case, the case can drag on relentlessly. This means spending more money on legal fees, and suffering from more drama and hurt. That's why you should consider divorce court if it seems your former spouse refuses to compromise or even deliberately drags the case out.

If you need a competent divorce lawyer to represent you in court, you should consider Brian D. Perskin & Associates P.C. We have the ability to both support you during negotiations with your ex and represent you in divorce court if it comes to that. We do not believe in wasting your time trying to come to an agreement with an ex who will not budge, so come to us to get results.

Hire a Lawyer with Experience Handling Gay and Lesbian Divorce Cases

Brian Perskin — Thu, 26 Apr 2012 17:12:00 GMT

If you face a gay and lesbian divorce, you will need the help of a lawyer with experience in this area. Though many of the issues are the same for gay couples as for straight couples, they cannot all be handled identically. That's why you deserve the help of a divorce lawyer who has successfully handled cases like yours.

In particular, you need a lawyer who stays up-to-date on the laws when it comes to gay and lesbian divorce. As you know, the laws regarding gay marriage are constantly changing, and not every divorce lawyer is paying attention to each new law. You could be wasting your time and money when you hire a lawyer who is still using old laws, unaware of any recent changes. If you want the best outcome, you need an attorney who is willing to continually learn about the issues you are facing.

You also deserve to have the help of a lawyer who is sensitive to this type of case. Not all lawyers are compassionate or understanding when it comes to divorces that differ from the norm. You need to hire someone who understands that your case is not a cookie cutter divorce. In fact, you deserve someone who treats every divorce uniquely since each couple has their own problems that differ from the next. For this reason, you should look at reviews of lawyers to make sure the one you are considering offers each client customized advice. You can also ask any of your friends if they have used a New York gay and lesbian divorce lawyer before since they should offer some recommendations.

Finally, you need to look for a gay and lesbian divorce attorney who has handled cases like yours. For example, if you and your partner have a child together, you need to hire a lawyer who has successfully dealt with child custody and support among gay couples. The same goes if you own a home or other property together. Not every lawyer knows how to handle property division or legal matters involving children when representing someone in a gay marriage. If you have other unique circumstances, such as a high net worth case or a business you own with your partner, you should hire someone with experience handling such details.

Fortunately, we at Brian D. Perskin and Associates P.C. have handled numerous gay and lesbian divorce cases. We understand the nuances of cases like yours, which is why we invite you to schedule a consultation with us today. We can discuss the details of your case, and you can find out exactly why we are qualified to represent you. Call us today to get started.

Learn How We Can Benefit Your High Net Worth Case

Brian Perskin — Thu, 26 Apr 2012 17:01:00 GMT

When you have a high net worth divorce case, you have a lot to lose. That's why you need an experienced New York divorce lawyer who has dealt with cases like yours before. Whether you own a successful business or just have a lot of personal assets, you should find an attorney who can help you avoid being taken advantage of. Find out what we at Brian D. Perskin & Associates P.C. can do for you.

Obtain Accurate Valuation of Your Assets

The first step in dividing your assets is finding out just how much they are worth. Only then can the process of distribution begin. We can obtain an expert's opinion on how much your business, marital home, retirement accounts, and other major assets are worth. Getting an accurate value is crucial if you want your assets divided fairly. This is also a beneficial detail to have on your side if your former spouse is insisting that the assets you own are worth less or more than they really are.

Find All Assets

You may find that your former spouse seems to be hiding assets from you. If this is the case, we can use the right specialists to uncover any hidden assets so that you get everything you deserve when dividing your estate. Whether your ex is undervaluing assets or insisting accounts do not exist when they are actually hidden in other countries, we can help find them. Only when we are all aware of every asset can we confidently move forward with a New York high net worth case. After all, we need to make sure you get all the assets you are entitled to after your divorce.

Learn the Tax Implications

Before you negotiate with your former spouse, you need to make sure the assets you accept will not be greatly penalized with taxes. If your ex is vindictive and sneaky, he or she may trick you into accepting assets that will be heavily taxed so that you barely come out with anything, while he or she will agree to take the items that are barely taxed at all. This is why you need the assistance of a New York divorce attorney who has successfully completed several high net worth cases. You deserve to have someone on your side; after all, your ex likely does. Make no mistake that his or her lawyer will be offering recommendations in your former spouse's favor, so you need to enjoy the same advantage.

Don't lose everything you have worked hard for simply because your former spouse is being greedy or downright malicious. Not every divorce lawyer understands how to properly manage high net worth cases, but we do. Contact us at 212-355-0887 or 718-875-7584 today.

Deion Sanders' Wife Accused of Domestic Violence

Brian Perskin — Thu, 26 Apr 2012 16:25:00 GMT

Deion Sanders' Wife Accused of Domestic Violence

Many sports stars have been accused of domestic violence, but this time it's a sports star's wife facing charges. Deion Sanders has been undergoing a very public divorce from his wife, Pilar Sanders. Now she has escalated the drama by reportedly attacking her estranged husband, and he is pressing charges.

She was arrested after entering the home they shared and then attacking him in front of the children. Supposedly, she brought a friend with her, and though they both attacked Deion, he did not fight back. He did, however, tweet about it on his Twitter page. In fact, it was that same page that got him in legal trouble with Pilar recently since he called her an insulting name on Twitter, accusing her of being a gold digger.

Despite her lawsuit against him for defamation, he continues to keep fans updated through his Twitter page. Just after the assault, he posted pictures of his children filling out police reports against their mother. Though the couple lived together during the divorce, it is likely that this arrangement will end after the domestic violence that has been witnessed. In fact, apparently Deion has been trying to get his estranged wife out of the house for a while now, and he just might have the evidence he needs to get her away from himself and the children.

One of the worst parts of the story is that the children witnessed the violence. Kids tend to react negatively to everything from constant arguments between their parents to physical violence. At any age, seeing your mother attack your father is devastating and will likely have some ill effects. Fortunately, it looks like Deion can easily show the court that the children's mother is dangerous and should not get child custody, provided he wants this outcome. He can even get a restraining order against Pilar since she is obviously dangerous and intent on hurting him, even with the children present.

The couple got married in 1999, and just filed for divorce in 2011. Though they have been living together even after filing, life clearly has not been going smoothly for the couple. This is not Pilar's first brush with the law, as she was arrested months ago for threatening Deion's aunt while holding knives. It is no wonder that Deion has claimed he is scared for both himself and the children.

Clearly, domestic violence is not always against women. Sometimes even a major athletic celebrity can feel threatened by a former partner. In fact, some women feel confident that their partner will not press charges or fight back, so they assume they can get away with it.

If you have been the victim of domestic violence of any kind, you should not sit back and simply take it. You should contact a New York divorce attorney who can help you feel safe enough to obtain the divorce you desire. Call Brian F. Perskin & Associates P.C. when you want peace of mind as you go through divorce in New York.

How to Deal with Becoming a Step-Grandparent

Brian Perskin — Thu, 19 Apr 2012 15:42:00 GMT

If you suddenly have step-grandkids due to your child marrying someone with children, there will be some adjustments to make. This is often the case whether you already have grandchildren or not. You should get an idea of how you can make the adjustment easier for both of you so that you end up with a good relationship with your new grandkids.

Treat Them Like Your Grandchildren

Even though they are not related biologically, treating them as if they were can be a good way to make them feel comfortable. The first step is to try referring to them as simply your grandkids, taking the "step" out of the equation. There is rarely a need to differentiate, and doing so could make them feel awkward.

If you usually send a gift or card to your biological grandchildren on their birthdays, get into the habit of doing the same with your new step-grandkids, provided you feel comfortable with this. When you get presents for your grandchildren on holidays, make sure you do the same for your step-grandkids. The presents do not have to all be the same, but you should avoid making a few of the kids feel left out by the quality or quantity of gifts they receive.

Get to Know Them

It is normal for the children to be shy around you, so it may take time to open up. Be patient, realizing they have had to deal with the divorce of their parents, possibly somewhat recently. They have also had to deal with the remarriage of one of their parents, which can be a huge change. If they seem uncomfortable talking to you much, give it some time, and avoid taking it personally. Try to put yourself in their shoes, as they are adjusting to a whole new family.

Put Aside Your Differences

It is not unusual for some kids to be resentful of the new family, including step-grandparents. This may lead to them refusing to talk to you, or even being rude. If this occurs, they may need some space. Instead of lashing out at them in return, remember that you are the adult and they are just kids during a tough period in life.

Give them some time to get used to the idea of having new grandparents to add to their family. Just let them know you are here for them when they are ready to accept you as a new family member. Meanwhile, you can stay in touch by sending cards on special occasions, or by inviting them to your house to celebrate the holidays with the rest of your family.

If you find it difficult to like your new grandkids, you should keep in mind that everyone has at least a few good qualities. Until your new grandchildren decide to open up and be nice to you, searching for a few of their great qualities and keeping them in mind may be the best way to get past their rude attitude or penchant for completely ignoring you. Just focus on their infectious laugh, unique sense of humor, interesting sense of style, or anything else you can find that is positive.

Eventually, you will likely find that your step-grandkids will warm up to you. If you need additional advice as you deal with the effects of divorce and remarriage in your family, feel free to call the experts, including Brian D. Perskin & Associates P.C.

Your Rights as a Father During Divorce

Brian Perskin — Thu, 19 Apr 2012 15:09:00 GMT

Going through a divorce can be hard on its own, but when children are involved, the process can be even tougher. This is especially true for many fathers since most people assume they do not have as many rights as mothers do. However, if you are a father going through divorce, know that you have just as much right to see your kids as their mother does. Get an idea of your rights as a father during divorce.

Keep Up with the Regular Routine

Just because you or your wife have decided to divorce does not mean you are stripped of your parenting duties. Until there is a court order that requests a change in your routine, you can continue to see your children. This means you should attend their school functions, including plays, choir concerts, and sporting events. Even when they do not have any events you can watch, you should get in as much time with them as possible while there are no restrictions. Spend time with them after school, whether you go out to do something or simply watch a movie at home. Your children will appreciate the attention from their father, which may help them deal with the divorce better.

If your wife plans to get full custody, you can expect her to try to alienate the children. She may try to keep them away from you, or even tell them untrue details just so they want to stay with her. Fortunately, she cannot keep you away from your children until she gets a court order, which usually requires proof that you may hurt the kids. This means that most fathers have every right to continue their normal routine with their children, which may include giving them a ride to and from school, making them dinner, or generally spending quality time with them.

Don't Tell the Kids Divorce Details

Once you do have time with your kids, it may be tempting to let them know that their mother is trying to keep them from you. However, doing so is not recommended since this will put them in the middle, especially if their mother has said negative things about you, too. It may make them feel so uncomfortable that they might try to avoid spending time with you. If you are going for joint or full custody, you could end up hurting your chances of success if your children mention to anyone that you consistently tell them negative things about their mother.

The main thing to remember is that you have rights during divorce. You are encouraged to avoid letting your ex-wife keep you from your children. Instead, keep up your regular routine with them, and focus on just being the best father you can be. Focusing on your ex-wife and the negativity she brings into the picture will only end up hurting both you and your children.

If you want to make sure you have the best chance of continuing to see your kids after divorce, you need the help of a divorce lawyer who has represented plenty of fathers. Call Brian D. Perskin & Associates P.C. if you want to discuss your options as a father getting a divorce.

What Are the Rights of Grandparents?

Brian Perskin — Wed, 11 Apr 2012 18:41:00 GMT

If you are a grandparent, you might know by now how much divorce can affect whether you see your grandchildren, especially if your child is not the custodial parent. Many people become bitter enough to keep their kids from seeing their grandparents, especially if they believe this action would hurt their former spouse. Fortunately, we at Brian D. Perskin & Associates P.C. know enough about grandparents' rights to help.

How Are Your Rights Determined?

Most judges make decisions based on the best interests of the children. If a judge believes that allowing the kids to see their grandparents occasionally, he or she will probably grant visitation. In fact, if you can prove that both parents are unfit for parenting, you may even get custody of the children. This may also occur if the parents are no longer living, provided you show interest in obtaining custody.

Judges use similar criteria when determining grandparental rights as they do when deciding which of the parents should get custody. In general, as long as you can provide a loving, safe home, and no one can prove otherwise, you have a good shot of at least getting visitation rights. This means that a bitter parent who is angry at your son or daughter after divorce cannot necessarily keep you from seeing your grandkids. Be sure to record any threats made by the custodial parent, and let your lawyer know, but do not let threatening remarks discourage you from trying to see your grandchildren.

How Does the Process Work?

Once you contact a lawyer, you should discuss what you hope to gain from the legal process. Do you want full custody of your grandchildren? Do you want regular visitation, or do you just want to see them occasionally, such as around holidays? Once your wishes are known, a plan of action can be developed.

Be aware that the court will consider your history with your grandchildren when making this decision. If you have always had a good relationship with them, and have always shown interest in staying in contact, your chances of custody or visitation are good. If the odds are not on your side, you still have a chance of success, especially when you choose the right legal team.

When you contact us, we can go over all the details of your case, including the advantages and disadvantages of the situation. We will also make sure we understand the desired outcome. This way, we can provide proof to the court that visitation or custody would be in the best interests of the children. If you are interested in finding out more about your legal options when it comes to seeing your grandchildren, we urge you to fill out an online case evaluation form to get started.

How Can a Forensic Accountant Help During Divorce?

Brian Perskin — Wed, 11 Apr 2012 18:01:00 GMT

One of the most helpful types of specialists during divorce is a forensic accountant. This kind of expert will play a part in determining how much money you get after the divorce is complete, so it is important to find out how one can help you. If you have any questions about how to get ahold of a forensic accountant, we encourage you to contact Brian D. Perskin & Associates P.C. so we can help.

Discovery

One of the most important jobs of the forensic accountant is to help your lawyer with the discovery process. This is when each spouse provides documents that show how much money is made and spent, which will help determine the outcome of the divorce. A thorough forensic accountant can help divorce lawyers make sure all the necessary documents have been collected.

Many people try to downplay the amount of money they make so they will not have to offer much to their spouse. A forensic accountant, however, can usually pick up on this behavior. Such accountants can help divorce lawyers put together written questions that attempt to learn more about the assets involved in any divorce.

Finding Errors

In some cases, just a little bit of research by a forensic accountant can uncover inconsistencies and flat out lies that your spouse may have told in order to keep more money. Though your lawyer should usually catch such errors, it is nice to have a second layer of protection in case any lies go unnoticed at first glance. A forensic accountant can check all records against claims made by your spouse, and this kind of specialist can even discover off-shore accounts so that no assets go undeclared.

Determining the Value of Assets

Additionally, a forensic accountant can help determine the value of your shared assets so that they can be divided properly. The house and cars are just a few of the assets that will need to be valued. If you or your spouse own a business, it will need to be properly valued, and all income needs to be accurately added up. In addition, a forensic accountant can help track which assets you and your spouse came into the marriage with so that they are all properly divided.

The best way to get in touch with a forensic accountant is to talk to a New York divorce lawyer. At Brian D. Perskin & Associates P.C., we use only the best forensic accountants, and we will ask one for assistance during your case when necessary.