Brian D. Perskin & Associates

What to Expect in Your Divorce Consultation

Divorce Consultation

Meeting with an attorney and gathering information is an important first step when filing for a divorce. Attending a divorce consultation can be a nerve-wracking, but necessary, experience. Knowing what to expect can help ease you into the process, and make the experience more comfortable.

What to Expect When You Contact Us

At Brian D. Perskin & Associates P.C., we make it our goal to provide outstanding service to all of our clients. This begins as soon as you call us.

A member of our experienced staff will take your basic information, as well as ask you a few questions about what kind of case you have. (Is your divorce contested or uncontested? Do you need to file for child custody, as well?). You can schedule your free consultation at this time. It’s as simple as that!

Points to Discuss in Your Divorce Consultation

During your free initial consultation with Brian D. Perskin & Associates P.C., you will have the opportunity to discuss:

  • Grounds for divorce;
  • Distribution of marital assets (home, cars, financial and retirement accounts);
  • Child custody and visitation;
  • Child support and alimony;
  • Relocation after divorce;
  • The general divorce process and timeline;
  • The cost of hiring our firm to represent you.

What Documents Should You Bring?

Prior to your consultation, we will email you an initial intake form, which you can fill out and submit online. In addition to completing the intake form, we request that you bring:

  • Any documents you have been served with (Summons, Petition, or Temporary Order of Protection);
  • Police reports (if applicable);
  • Your marriage certificate;
  • A copy of your prenuptial or postnuptial agreement;
  • A list of items you would like to discuss during your divorce consultation.

If you do not have access to these documents, don’t worry. We do not require that you have them during your consultation, but we will need them before we are able to begin working on your case. It is a good idea to start compiling them as soon as possible.

Get Started Today!

The attorneys at the law firm of Brian D. Perskin & Associates P.C. have over 50 years of combined experience, and have represented thousands of New Yorkers during tough divorce and family law cases.

Our firm offers free, no-obligation divorce and family law consultations to New York City residents. Scheduling your divorce consultation is easy. You can schedule your appointment online, or call us at 718-875-7584. Let our experience and knowledge work for you- contact us to schedule your divorce consultation today!

Did You Hire the Right Divorce Attorney?

Hiring the right divorce attorney is hard. The process of finding a lawyer can be long, and often involves hours of research and reading client testimonials. Even after you have done your due diligence, you may still find yourself doubting whether or not you made the best decision. How can you really tell if you’ve hired the right divorce attorney?

Below, we highlight the top 4 ways you can tell you hired the right divorce attorney.

You’re on the same page.

You need to be on the same page with your attorney to have a successful divorce or child custody case. Disagreements are normal, but problems will arise if your lawyer is pushing you to have a contested divorce while you’d rather settle quickly.

They’re experienced experts.

Is your attorney experienced? Are they experts in matrimonial and family law?

If you answered “yes” to either of those questions, then you can rest assured that your case is in good hands. Matrimonial and family law are incredibly complex areas, and should only be tackled by a seasoned pro.

They are responsive and available.

Your divorce attorney should be responsive, and available to discuss your case with you. If they not respond to emails or phone calls, you should consider hiring a different lawyer. Unfortunately, if your attorney is unresponsive with you, then there is a good chance they do not communicate with the opposing counsel. Failing to communicate can result in missed deadlines and incorrect information on court documents.

You trust your attorney.

Having any amount of distrust in your lawyer is a major sign that they are not the right attorney for you. Divorce and child custody cases are very personal matters, and you rely on your attorney to help you during this sensitive time.

Trust is a key component to building a strong attorney-client relationship, and without it, you will not feel confident in your lawyer’s ability to fight for you. These insecurities are an indication that you did not hire the right divorce attorney.

What can you do if you didn’t hire the right attorney?

While not hiring the right attorney isn’t ideal, you can take measures to fix the situation. You have the right to change lawyers during your case. The process is common, and rather simple.

At Brian D. Perskin & Associates P.C., we pride ourselves on how seamlessly our team of attorneys are able to take over an existing case. Our experience, expertise, and varied forms of representation, have allowed us to represent thousands of New Yorkers during their divorce and family law matters. To find out how we can help you, call 718-875-7584 today!

Divorce by Publication in New York

Despite popular belief, it is possible to get a divorce if you don’t know where your spouse lives. This process is called Divorce by Publication, and it isn’t easy. Divorce by Publication is a long and tedious process, and you should not proceed without an attorney.

An Overview of Divorce by Publication

This kind of divorce is necessary if your spouse has abandoned you, and you do not know where they live. Typically, your spouse would need to be personally served with a Summons after you initiate a divorce action, which is not possible if you are unaware of where they reside.

The divorce by publication process has a few intricate steps that must followed:

  • Performing a diligent search for your spouse;
  • Drafting and filing appropriate documents with the court;
  • Appearing before a Judge and getting permission to proceed with a divorce by publication;
  • Publishing your notice in an appropriate newspaper, and filing your final divorce documents.

Performing a Diligent Search

Before you can petition the court for a divorce by publication, you must thoroughly search for your spouse. The following agencies must be searched:

  • United States Military;
  • NYC Board of Elections and Telephone Directories (for all 5 boroughs);
  • New York DMV and the U.S. Postal Service;
  • Internet search with result reports;
  • A visit to your spouse’s last known address.

Court Procedure and Publication

You will need to proceed with drafting and filing documents in court if you are unable to locate your spouse during your search. Work with your attorney to prepare an Affidavit of Plaintiff, your search results, and a sample of the Summons with Notice that you wish to publish. You will also need to submit a copy of your divorce papers.

Once the court grants your request, you may publish your Summons with Notice or Verified Complaint in a newspaper. You will select a newspaper that is circulated in the area where your spouse was last believed to live. Many plaintiffs publish their Summons in the New York Law Journal, as well.

You must publish your Summons once a week, for three weeks, with the first publication date being within 30 days of court approval. After the three weeks is completed, you need to file an Affidavit of Service within 20 days. If your spouse does not see the publication, or fails to respond within 30 days, then you can proceed with your divorce.

The Downside of Divorce by Publication

Divorce by publication is costly and time consuming. In addition to traditional costs associated with a divorce, you will need to hire a private investigator, pay agency fees, and pay to have your Summons published.

A divorce by publication should be your last resort, and should only be considered after all of your other options have been exhausted. Given the intricate nature of this kind of proceeding, it is crucial that you hire a reputable and experienced divorce attorney.

For more information on divorce proceedings in New York City, contact the law firm of Brian D. Perksin & Associates P.C. at 718-875-7584 today!

Why Should You Hire Brian D. Perskin & Associates for Your Divorce Case?

New York City divorce lawyers are a dime a dozen. With an over-saturated market, why should you hire Brian Perskin & Associates P.C. to represent you during your divorce or child custody case?

A Divorce Powerhouse

Brian Perskin, a graduate of Washington College of Law, opened his firm in 1991, which has grown from a one-man operation to one of NYC’s top divorce powerhouses. Brian D. Perskin & Associates P.C. now hosts a team of expert attorneys, along with a complete paralegal support staff, all working tirelessly to get you a fair settlement.

Intelligent and Aggressive Representation

What makes Brian D. Perskin & Associates P.C. stand out among their peers is their unique approach to representation. They take the time to sit down with each prospective client, really get a clear understanding of their case, and the outcome they hope to achieve.

Brian Perskin and his team of attorneys cater to each client’s needs by creating a custom case and divorce strategy. Each lawyer has their own style of representation, some favoring settlement, while others are eager to litigate in front of a judge. This diverse practice style allows the firm to advocate efficiently and effectively for all New Yorkers facing a divorce or child custody battle.

Brian Wrote the Book on Divorce Strategy

In order to have a successful case, you need a winning divorce strategy. And who better to create one than the person who literally wrote the book on it? Brian Perskin authored “Winning Divorce Strategies” with the intention of sharing his knowledge with New Yorkers by providing tips and pointers on how to handle divorce, child custody, to help ensure a successful outcome.

Previously only available on Amazon, you can now get a free copy of “Winning Divorce Strategies” on www.newyorkdivorceattorney.com. But hurry, this is a limited time offer- get it while you still can!

download free book lightExperts in Their Field

The attorneys at Brian D. Perskin & Associates are experts in matrimonial and family law, with an emphasis being placed on complex divorce matters. Such matters often include:

  • A prolonged discovery process
  • Multiple depositions
  • Tough property distribution negotiations, especially for high net worth clients
  • Sensitive child custody issues
  • Various court appearances

Due to their nature, complex divorce actions take a great deal of time to complete, and require the assistance of an experienced attorney. The team of lawyers at Brian D. Perskin & Associates spend countless hours combing through financial documents, negotiating with opposing counsel, and advocating for their clients in the court room.

The Proof is in the Pudding

If you won’t go to a new restaurant without visiting Yelp first, why should hiring a divorce lawyer be any different? A surefire way to know if a law firm is right for you is to check out reviews on Yelp, Avvo, and Google+.

Unbiased client reviews provide a unique insight into a law firm, often touching the triumphs and successes of the lawyers, while also mentioning any difficulties other clients may have had. They really do provide a well-rounded look into a law firm!

So, spend some time researching the attorneys and law firms you are interested in, and figure out who is best to handle your case. The right team of attorneys can make all the difference.

Attempting to represent yourself during a divorce or child custody case can have disastrous results. So can hiring the wrong attorney. Protect yourself, and your family, by allowing Brian D. Perskin & Associates P.C. to fight for your rights, and get you the divorce settlement you deserve.

Call 718-875-7584 to schedule a free, no-obligation, consultation today.

Uncontested Divorce: What You Need to Know

January, often referred to as “Divorce Month” by matrimonial law attorneys, sees an uptick in new case filings right after the New Year. With the increased number of new cases, many New Yorkers are left wondering “What is an uncontested divorce, and can I get one?”

WHAT IS UNCONTESTED DIVORCE?

An uncontested divorce is a simple matrimonial action, and occurs when both parties agree to get a divorce. To truly be an uncontested case, both parties must agree to the terms of the divorce, such as the distribution of marital assets.

UNCONTESTED DIVORCE WITH KIDS

Parents can have an uncontested divorce if they are able to reach an agreement for custody and child support. Negotiation is key if there are any disagreements. A contested divorce can be avoided with negotiation.

ASSETS IN UNCONTESTED DIVORCE

A common divorce misunderstanding is that a couple cannot get an uncontested divorce if they have property. They definitely can! Couples who find themselves in this situation just have to negotiate and work out a fair and agreeable settlement.

SAVE TIME AND MONEY!

The major advantages of uncontested divorces are that they’re fast and cheap. They take less time than contested divorces, and require less work. Uncontested divorces are usually finalized in about 6 months.

PLAY IT SMART, HIRE AN ATTORNEY

Listen, just because a divorce is uncontested, doesn’t mean a person should go at it alone. An action will always benefit from the experience only a seasoned lawyer can provide. For more information on uncontested divorce in New York City, contact Brian D. Perskin & Associates P.C. at 718-875-7584.

Is Your Divorce Lawyer Ruining Your Case?

New York City lawyers are a dime a dozen. They’re not created equal, and some are better than others. How can you tell if your divorce lawyer sucks?

Here are the top 10 signs your attorney probably isn’t the best person to handle your divorce or child custody case:

1. YOUR LAWYER DOESN’T HAVE A TEAM.

Solo practitioners can be overwhelmed and stressed for time. Receive the best representation and trust your case with a team of attorneys, much like those at Brian D. Perskin & Associates P.C.

2. YOUR LAWYER IS INEXPERIENCED.

Do you want a fresh faced attorney, or a lawyer who has 26 years of experience under his or her belt fighting for your family? This does matter.

3. YOUR LAWYER ISN’T FAMILIAR WITH MATRIMONIAL OR

FAMILY LAW.

Matrimonial and family law cases are sensitive and complex matters. Don’t trust a general practitioner to handle your action with the attention and detail it requires. Hire an expert.

4. YOUR LAWYER DOESN’T COMMUNICATE WITH YOU.

If your attorney fails to return phone calls or leaves emails unanswered, you need to consider retaining new representation. Don’t let your case be put on the backburner.

5. YOUR LAWYER IS ALWAYS LATE TO COURT OR MISSES

DEADLINES.

Lawyers often have many cases, some of which may share deadlines or court appearance times. But this is no reason for your attorney to consistently miss important deadlines, or show up late for a court appearance on a regular basis.

6. YOUR LAWYER DOESN’T PROVIDE INVOICES.

You should receive a detailed invoice and bill from your attorney once a month. A description of tasks or court appearances, as well as the time it took to complete each item, should be outlined. Never pay your legal fees without actually seeing a bill. You may get taken advantage of.

7. YOUR LAWYER ISN’T MAKING ANY HEADWAY.

The timeline for divorce varies, and contested matters far outlast their uncontested counterparts. With that being said, if it seems like your case is at a standstill, then there is probably very little work being done. You deserve better.

8. YOUR LAWYER DOESN’T CARE.

You want a lawyer who is empathetic to your situation, not one who could care less if your case goes well. Your action must be a priority to the attorney you hire.

9. YOUR LAWYER DOESN’T DO ANY CASEWORK.

Paralegals help attorneys gather and draft documents, but they shouldn’t be the ones completing a bulk of the casework. You hired you lawyer for their expertise and experience, make sure you actually get it.

10. YOUR LAWYER IS NOT ETHICAL.

Attorneys must follow specific ethical guidelines. They are required to loyally represent you to the best of their ability. They are forbidden from discussing confidential information with anyone else, and they must put your needs and desires ahead of their own. If your attorney fails to meet ethical standards, it’s time to give them the boot.

Changing Your Attorney

If you find yourself thinking, “Man, my attorney really does suck!”, then its time you contact Brian D. Perskin & Associates P.C.Changing your attorney is easy, and we’ll take care of the process for you. Don’t suffer with incompetent or bad representation, call 718-875-7584 to find out how we can help you!

Cost Effective Divorce Strategies

“Marriage is grand. Divorce is about Twenty Grand.”

- Jay Leno

Let’s face it: divorce can be expensive. Contested cases, as well as grey divorces, often lend themselves to higher legal fees that can result in financial hardships for both parties. While some pricey divorces are inevitable, there are ways to keep costs low and your bank account padded. Below, the staff at Brian D. Perskin & Associates P.C. have compiled the top 5 money saving divorce strategies.

1. Hire an Attorney

You may think that hiring an attorney is counterintuitive to the act of saving money on your divorce. While this may be true in rare circumstances, such as in very simple uncontested cases, it is generally false.

Retaining a legitimate matrimonial law attorney, even for an uncontested matter, is a smart financial move. There are many instances where people will attempt to represent themselves, or turn to low-cost divorce centers, in an attempt to save money. This usually backfires because of the person’s lack of experience with matrimonial law and the court system. Your lawyer will be able to ensure that documents are drafted, filed, and served properly, all within the court’s required time frame. Paying one retainer before your case begins can save you thousands of dollars down the road.

Contested and more complicated actions always require the help of a divorce or family law attorney. Discovery, depositions, motion practice, and litigation, are all impossible for a layperson to tackle on their own. Don’t assume you can handle this on your own. Play it smart and hire a lawyer before you get in over your head.

2. Pitch In

Most family law attorneys bill their clients per hour, meaning you will be charged a set amount of money for each hour your lawyer spends working on your case. This includes locating financial records and tax returns, indexing account statements, insurance policies, and other assets. To help lessen the amount of time your attorney spends doing this kind of work, as well as to keep your bill to a minimum, try pitching in and helping with some of the legwork your case requires.

By using our free Financial Checklist, you can easily keep track of your assets, liabilities, properties, and various insurance accounts. Write down what statements and documents you have in your possession, then contact financial institutions to request others. When providing documents to your attorney, send them on a disc or flash drive, so the law firm’s staff can easily and quickly transfer the documents to your e-file.

Having a complete and organized index of all relevant financial information will not only make the discovery and equitable distribution phases of divorce easier, but lend a hand in accelerating the drafting of your Statement of Net Worth.

3. Be Rational

Divorce can be an emotional hard hitter, but it is important to think with your head and not your heart if you are trying to have a more cost effective case. Fighting fire with fire will have a huge negative impact on your financial future post-divorce.

At Brian D. Perskin & Associates P.C., we have seen countless litigants fight over the little things, such as a work of art, a collectible, or a vehicle. These tangible assets can easily be replaced, and often for far less than it costs to duke it out in court and have a judge determine which party will retain ownership of the property. Sometimes the smart move involves cutting your losses and walking away from a battle.

More serious situations, such as being falsely accused of child abuse, also require rational thinking. You may want to be quick to defend yourself, but this tactic can often result in prolonged litigation, and heated arguments with your ex-spouse. Instead, contact your attorney immediately, and listen to their advice. Let them handle the matter, as they are experts and will be able to sort out the allegations. Thinking, and acting, irrationally, can cause more problems, and even hurt your relationship with your children.

4. Consider Alternatives to Litigation

Some New Yorkers are able to save big on their divorce by avoiding the court room. Litigation is expensive and time consuming, with especially complex cases taking years to be finalized. Speak to your attorney to determine which kind of divorce is right for you.

If you have an amicable relationship with your ex, then you may want to consider letting your attorney negotiate a settlement on your behalf. This can save you tens of thousands of dollars, as well as your time (which is priceless!).

Contested and high net worth actions will require quite a bit more work than their uncontested counterparts, however, they don’t always have to result in extensive litigation. Our dedicated attorneys routinely settle complicated matters before they are due to proceed to trial, thanks to their tenacity and experience with complex motion practice. We understand that litigating a divorce or family court case can be expensive, and we tirelessly fight for our client’s best interests and work towards keeping them out of the court room.

5. Be Open, Honest, and Trusting

The best tactic you can use to save money during your divorce is to be open and honest with your attorney. During your initial consultation, discuss your desired outcome regarding equitable distribution, child custody and support, alimony, etc. It is important that you and your prospective attorney are on the same page prior to your action being filed.

It is normal to change your mind regarding certain aspects of your divorce in the middle of your case, but you need to keep your lawyer informed. It is not uncommon for an attorney to spend days advocating for a certain position regarding custody or assets, which can become quite costly. Save your money and let your lawyer know if you have changed your mind.

Trusting your lawyer is imperative to the success of your case, as well as a proven method to keep your legal fees low. Your attorney has spent years learning and interpreting matrimonial and family law, and he or she is an expert in their field. Trust them to fight for your rights, and listen to them when they tell you the likely outcomes of a particular motion you want argued, or tactic you would like to try. Your attorney is ethically bound to represent your best interests, and they cannot do this if you are unwilling to place your case (and trust) in their hands.

Brian D. Perskin & Associates P.C. is a New York City based matrimonial and family law firm, specializing in complex divorce actions. For more information, or to schedule a free consultation, contact 718-875-7584, or visit us online.

Attorney Evan Seckular Selected for 2016 Super Lawyers Rising Stars List

Brian D. Perskin & Associates P.C. is proud to announce that Attorney Evan S. Seckular has been honored by Super Lawyers this year! For his outstanding work in the matrimonial and family law arena, he has been selected for the 2016 New York Super Lawyers Rising Stars list.

Super Lawyers is one of the legal industry's most trusted directories. Each year, they release their Super Lawyers and Rising Stars lists in every state to recognize the most accomplished and capable lawyers across more than 70 different practice areas.

Just a few of the 12 indicators Super Lawyers uses to evaluate its candidates includes:

  • Verdicts and settlements
  • Honors and awards
  • Industry experience
  • Special licenses
  • Bar status and activity
  • Pro bono work
  • Education
  • Any other achievements

The Super Lawyers Rising Stars list is specifically reserved for attorneys under 40 who have already demonstrated great promise in their practice area. These Rising Stars lists represent a mere 2.5% of all practicing attorneys in a given state. Those selected are announced in Super Lawyers Magazine and other prominent regional publications.

This is the first time Attorney Seckular has received notice from Super Lawyers. He is a Yeshiva University Benjamin N. Cardozo School of Law graduate and, prior to that, was even clerking for the Family and Supreme Courts of Westchester County. At Brian D. Perskin & Associates P.C., Attorney Seckular focuses on family and matrimonial law litigation, where he welcomes the opportunity to assert his clients' rights and interests before a judge.

We congratulate Attorney Seckular for this honor from Super Lawyers and know that it is only the first of many industry accolades to come in recognition of his dedicated and insightful work.

Are you facing a divorce or another urgent family law matter? If so, we invite you to contact us at Brian D. Perskin & Associates P.C. today. Our skilled and award-winning New York family law attorneys have more than 40 years of collective experience in this practice area and always take a compassionate and results-driving approach to achieving our clients' goals.

Do not hesitate to start protecting your rights and interests. Contact us today to request a free case evaluation.

What to Look for in a Divorce Attorney

Trying to find a divorce or child custody lawyer can be overwhelming. Weeding through the thousands of New York City area matrimonial and family law attorney is a daunting task, especially if your legal action is in its infancy. Knowing what to look for can make the processes much easier.

Practice Type and Size

The most important component of hiring a lawyer is making sure that they practice the type of law in which you need. For instance, if you are facing a divorce, the firm you retain should focus their practice specifically on matrimonial law. The same can be said for child custody or support matters and family law.

General practice attorneys or law firms should be avoided at all costs. General practitioners know a little bit about many areas of law, but not enough to give your case the care and attention it deserves. Your family’s lives are upheaved during divorce, and you should take measures to ensure that their well-being is properly protected. The only way to do that is to work with a team of experts throughout the divorce process.

When starting your search for an attorney, you need to determine what size law firm you are most comfortable working with. Both large, and small, firms have their own advantages, but for a more personal touch, it is recommended you retain a boutique law firm. Boutique legal practices are comprised of a group of lawyers who specialize in a niche area of law, such as matrimonial and family law. These firms are often experienced, and the attorneys are experts in their chosen fields. They have the resources of large practices, but are able to provide their clients with the attention and care they deserve. The more comfortable you are with the law firm, as well as the attorney who will primarily handle your case, the better your attorney-client relationship will be.

Online Reviews Matter

The internet and social media play an ever-growing role in legal actions, providing evidence during trial and even helping ex-spouse’s co-parent their children. But did you know that a quick internet search can help you find the right lawyer for your case?

If you won’t try a new restaurant without reading reviews online, why should you hire an attorney without doing a little bit of research? A law firm’s website can be informative, but sites like Yelp, Google+, and Avvo are great tools because they allow clients to post honest and sincere reviews regarding their experience with a particular attorney. Pay attention to both the positive, and negative, reviews to get a better picture of how a lawyer handles their cases, and their style of representation. You should trust your attorney to handle your action in a professional and proficient manner, while keeping your family’s best interest in mind. The more you know about the firm you retain, the more secure you feel in your decision. Doing a bit of legwork and research prior to beginning your case can make a world of difference!

Consider Experience and Cost

Divorce can have a lasting impact on your finances. With that in mind, a law firm’s cost should play a role in your final decision. Contested divorce matters often feature a prolonged discovery process, intensive motion practice, and countless hours of trial preparation. Legal fees can easily skyrocket, and it is important to keep an eye on your finances during a divorce.

While the cost of a firm’s representation should be a deciding factor in who you retain, you also need to make sure your attorney is skilled and well versed in matrimonial and family law. The lawyer you hire needs to have experience drafting, reviewing, and filing legal documents, while also knowing how to effectively negotiate on your behalf. If you suspect your divorce will proceed to the court room, your attorney needs to have previous litigation experience.

The fear of incurring astronomical legal fees can be strong enough to drive someone to hire a low-cost divorce service, but this move is incredibly risky. These centers are often staffed by underqualified staff who are unable to handle complicated cases. Instead of not hiring the right attorney because you don’t think you’ll be able to afford their retainer fee, discuss the concern during your initial divorce consultation. Most law firms, including Brian D. Perskin & Associates P.C., are willing to work out a payment plan with their clients.

Communication

Your attorney needs to be easy to communicate with, both in person, over the phone, and through e-mail. You need to feel secure knowing that your attorney is experienced enough to handle your case, and the only way to ensure this is to through effective communication. Timely responses to inquiries, as well as being able to explain complicated legal procedure and jargon are very important elements of proper representation. You can usually get a feel for an attorney’s communication style during your consultation.

In addition to communicating well with you, your lawyer needs to know how to properly address opposing counsel, court attorneys, and judges. Competent attorneys are well trained in proper communication methods, and are able to remain professional while advocating on your behalf. The last thing you ever want in a lawyer is someone who can’t control their temper and flies off the handle during a court appearance or conference.

Crafting a Winning Divorce Strategy

Initial divorce consultations are a great way to get to know an attorney, and gain a better understanding of how they can help you achieve your desired settlement or outcome. A lawyer must be able to create a winning divorce strategy, customized to work best with the specifics of your action, before you retain them.

Placing your trust, as well as the well-being and financial security of your children, in the hands of a stranger is daunting. Discuss any concerns you may have during your consultation, and don’t be afraid to ask questions. If you would like something clarified, speak up! Divorce and family law attorneys know how overwhelming and confusing starting an action can be, especially because these sensitive matters are heavy with emotion. The right attorney will be empathetic to your situation, and will strive to make the process as easy and stress-free as possible.

To learn more about New York divorce and child custody actions, contact Brian D. Perskin & Associates P.C. at 718-875-7584, or visit us online today!

The Benefits of Hiring a Divorce Lawyer

It is possible to get a divorce without hiring an attorney, but it isn’t necessarily advised. The field of matrimonial and family law are both highly complex, and your case may be at risk if you don’t entrust it to an experienced professional. Look at it this way: would you take on the task of performing a routine surgery without a skilled doctor?

The key to having a successful divorce is creating a winning divorce strategy, and the only way to accomplish that is to retain a law firm to work on your behalf. Whether contested or uncontested, hiring a team of attorneys will only benefit your case.

Priceless Advice

Consulting with an attorney prior to initiating your action in invaluable. They can provide sound advice, and thoroughly explain the divorce process to you. Websites and divorce blogs can provide a wealth of information, but nothing compares to having an attorney discuss your specific case with you.

No two divorce or child custody cases are the same. Just as each marriage or family has their differences, so do the legal actions that stem from them. Your best friend may have gotten a divorce last year, and while it’s okay to turn to them for emotional support, you should leave the legal knowledge to the experts.

Even if you ultimately decide to proceed with a custody or divorce matter without proper representation, despite my warnings, I strongly urge you to seek the sage knowledge of an experienced attorney. Their insight is priceless.

Uncontested Divorce Benefits

Couples often decide to proceed with an uncontested divorce as pro-se parties, meaning they are choosing to represent themselves during the action. This may not seem like a big risk, but it can pose a serious threat to the case.

The New York Unified Court System has very specific rules and procedures for legal actions, including divorce and family law matters. Documents must be executed correctly, and filed in a certain manner. There are fees to be paid upon filing of some documents, and all final paperwork must organized and submitted to the Matrimonial Office before they are reviewed by a judge. Failing to follow court procedures can result in rejected paperwork, and a delay in your divorce being granted.

It is common for uncontested cases end up becoming contested when parties are unable to reach an agreement regarding equitable distribution, alimony, or issues surrounding child custody and visitation. Attempting to negotiate or litigate a contested action on your own is an uphill battle that you are better off not fighting.

Abusive Victims Need Help

Victims of domestic abuse, whether it be physical, emotional, mental, or financial abuse, should never partake in a divorce action without proper representation from an attorney. Escaping an abusive relationship is stressful and scary, and these types of cases often require an Order of Protection.

An Order of Protection will be granted during a divorce or family court proceeding if there has been a history of violence in a relationship (towards the other spouse or children), or if there is a threat to the petitioning party’s safety. The Order’s main purpose to help prevent abuse, harassment, stalking, or other forms of violence.

Obtaining an Order of Protection can be complex, and a hearing is required before a judge can issue one. This is why having a lawyer represent you during a divorce from an abusive spouse is incredibly important. If you have suffered any form of domestic violence during your marriage, it is imperative you contact us to discuss your best options. You do not need to face this alone!

High Net Worth Couples

A high net worth divorce is far more difficult than a regular divorce, and are best served by a law firm that specializes in these complex kinds of actions. The best way to protect your assets, and secure your financial stability after your divorce is finalized, is to retain a team of attorneys who are dedicated to the discovery process and have experience handing such sensitive matters.

The discovery process goes hand in hand with equitable distribution in New York divorce actions, and can be quite extensive in high net worth cases. The volume of financial documents that must be subpoenaed or produced can be overwhelming if you are trying to juggle a work life, family life, and a divorce case on your own. An attorney will be able to request and analyze your former spouse’s records on your behalf, as well as help to compile your discovery response to be sent to opposing counsel. A lawyer with a keen eye for detail can also spot discrepancies in reported income or net worth, which may be a sign your spouse is trying to hide assets.

Business owners often fall into the high net worth category. Businesses are subject to equitable distribution, meaning your spouse may have a claim to part of your company’s worth. Valuing a business, and determining whether or not your spouse contributed to the company’s growth during the marriage, is crucial to the process. This is why it is imperative entrepreneurs retain an attorney to handle their divorce case.

Efficient and Time Saving Divorce

You probably want your case to be completed and finalized as soon as possible, so you can move on with your life post-divorce. Hiring a matrimonial and family law attorney to represent you during divorce is the most effective way to ensure a speedy case.

While it is impossible to predict an exact timeline for divorce, a lawyer can help keep your action on track, and make sure deadlines are being met. Don’t risk the road bumps by representing yourself during a legal matter- trust your attorney to handle the hurdles on your behalf!

Expertise You Can Trust

Placing your life, you family’s life, in the hands of a stranger is scary. You need to feel comfortable with the attorney you hire, and trust that they have your best interest in mind. At Brian D. Perskin & Associates P.C., we have represented thousands of New York City families navigate the waters of divorce, and will draw on our experience to help you achieve a fair and equitable settlement.

For more information, or to schedule a free and confidential consultation, call 718-875-7584 or visit us online today!