Brian D. Perskin & Associates

Rules for Divorce in New York

Rules for divorce

Last week, we provided insider tips for what you should know before you file for divorce. While that information is great, your divorce cases involves much more. In fact, there are rules for divorce that you must follow to help guarantee a successful case.

What are the top 4 rules for divorce, and how can they help you?

Always Hire an Attorney

The #1 rule for divorce is that you should always hire an attorney. Divorce and family court cases are very complex matters, and require the attention of an experienced attorney. Even if your case is uncontested, you will still benefit from hiring a lawyer.

Divorce lawyers specialize in matrimonial and family law, and are familiar with the intricacies of the system. Your attorney should be an expert in this very niche kind of law, so be wary of general practitioners. A family law attorney can help you build a winning divorce strategy, and keep your family and assets intact.

Obey All Court Orders

One of the most important rules for divorce involves court orders. You will have many court orders throughout your case, including ones for child custody, visitation, and spousal support. You may even have an Order of Protection.

You must follow a court order, regardless of whether or not you agree with it. Failing to abide by the terms listed in an order can land you in serious trouble. In extreme cases, you will be found to be in contempt of court, and serve jail time. Remember: it is easier to ask the court to modify an order, than it is to explain to a judge why you intentionally disobeyed one.

Put Your Kids First

Imagine how hard it is for you to cope with your divorce. Now, multiply that by ten. That’s how difficult it is for your kids. It is imperative that both parents work together to make the situation easier and less stressful for your children. How can you do this?

  • Learn how to co-parent during divorce
  • Encourage your kids to ask questions
  • Avoid talking badly about your ex
  • Create consistency between households
  • Consider the benefits of child therapy during divorce

Take Time to Focus on Yourself

The divorce process is stressful, overwhelming, and can feel never-ending. This is why one of the rules for divorce is to focus on yourself. Taking time to relax and recharge can make a huge difference. De-stressing during the most difficult times of your case can help you clear your head, and focus on the matter at hand. Many people find that writing in a divorce journal is therapeutic, while others prefer to hit the gym, see friends, or practice a hobby. Whatever you do, make sure you enjoy it. This is your time!

 

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Brian D. Perskin & Associates P.C. is a New York City based divorce and family law firm. Their team of dedicated attorneys specialize in complex divorce cases, and represent clients in all five boroughs. For more information, or to schedule your free consultation, call 718-875-7584 today!

7 Things to Know Before You File for Divorce

7 Things to Know Before You File for Divorce

Filing for a divorce is a major undertaking. Your case will likely have many twists and turns, and you will face roadblocks before you’re officially divorced. How can you prepare for these challenges, and what are the top things you should know before you file for divorce?

1. Know What Kind of Case You Have

This may sound obvious, but you need to know what kind of divorce you have before you file. Is your divorce contested, or uncontested? Will child custody be an issue? What about marital assets?

The type of divorce you have will determine how your case plays out. Uncontested cases are resolved easily and quickly, whereas contested matters are longer and more complex.

2. Hire an Attorney before You File

Divorce is one of the biggest battles you will ever face, and you need to be prepared. Hiring an experienced divorce and family law attorney is the best way to do this. Attorneys are a dime a dozen, and some are more qualified than others. Make sure you consult with 3 to 4 lawyers before making your final selection.

3. Know the Truth about Divorce

The unfortunate truth about divorce is that it is unpredictable. Working with an attorney to create a winning divorce strategy is great, but it isn’t full proof. Things will happen during your divorce that can throw a wrench in your plans. Keep an open mind, and trust that your lawyer is working to get your case back on track.

4. No Two Cases are Alike

Each and every divorce case is different. These are very personal matters, and the details of your case will depend on many different factors. The length of your marriage, the amount of assets, and whether or not you have children, all have an impact.

We encourage all of our clients to turn to friends and family members for emotional support during their divorce. With that being said, be cautious when it comes to taking their advice. It is likely you know someone who has gone through a divorce, and they may be willing to pass on words of wisdom. Just remember that their case is different than yours, and what worked for them may not be best for you.

5. You Won’t Be Divorced in a Month

The timeline for a divorce in New York varies. An uncontested divorce can take anywhere between 4 to 6 months to be signed by a judge, after all papers are submitted. Contested cases have been known to last years.

New York State does process expedited divorce cases, however, you must meet special requirements in order to get one. Some of the most common reasons people apply for an expedited divorce include military service, pregnancy, and issues surrounding immigration. Meet with an attorney before you file to determine if you can get an expedited divorce.

6. Co-Parenting Takes a Lot of Work

One of the hardest parts of divorce is co-parenting. Learning how to co-parent with your ex takes a lot of work, and doesn’t always come naturally. Figuring out successful co-parenting strategy involves trial and error, but it is worth it.

There are a lot of methods and tools to help make the co-parenting transition easier. You can try alternative forms of co-parenting, like parallel parenting. Depending on the kind of relationship you have with your ex, you may even decide to live together after divorce.

7. You Will Lose Friends

Divorce is an upheaval. It has the possibility to shake the foundation of your life. It is not uncommon for parties to lose the support system of their friends and in-laws. Your friends will feel forced to take sides, or they may even walk away altogether.

As disheartening as this reality is, it does have a silver lining. Divorce allows you to see who your true friends are, and opens you up to having new experiences and meeting new people. It’s sad to lose so many people you care about as a result of your divorce, but you’ll get through it.

 

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Brian D. Perskin & Associates P.C. is a New York City based divorce and family law firm. Their team of dedicated attorneys specialize in complex divorce cases, and represent clients in all five boroughs. For more information, or to schedule your free consultation, call 718-875-7584 today!

Financial Pitfalls during Divorce

How to avoid financial pitfalls during divorce

Last week, we let you in on a little secret: there are hidden financial benefits to divorce. Unfortunately, there are drawbacks, as well. What are the most common financial pitfalls you may face during your divorce, and how can you avoid them?

Paying Your Retainer Fee

The first financial pitfalls of divorce begin as soon as you hire an attorney. Most divorce lawyers require you to pay a retainer fee, which can costs thousands of dollars. The initial cost of a divorce should not dissuade you from filing.

There are a few different ways you can prepare for the financial burden of a retainer fee. If you know a divorce is imminent, but you are not ready to file, you can save money to pay your retainer. Some litigants borrow money from family members, while others choose to finance their divorce with Flexxbuy.

Discovery Costs

The discovery phase of divorce can drain your bank account, unless you get proactive early. Gathering financial documents now, will prevent your attorney from scrambling to send subpoenas to institutions and companies during the middle of your case.

Failing to comply with your ex’s discovery demands will lead to additional court appearances. These court appearances, along with extensive motion practice, are major financial pitfalls during divorce. Save yourself time, and money, and use our free Financial Checklist to start keeping track of your documents.

Tax Implications

While there is a chance your divorce may benefit your taxes, you need to be aware of any financial pitfalls when you file. Your filing status, exemptions, and deductions will change. You are not allowed to deduct child support payments on your taxes, but you can do so with alimony payments.

Understanding exactly how your divorce will affect your taxes will help you avoid the confusing financial pitfall. Discuss your options with your attorney prior to settling, and always have a certified professional file your taxes on your behalf.

Letting Your Emotions Win

Letting your emotions get the best of you is one of the most common financial pitfalls of divorce. You can do serious damage to your case when you let anger, resentment, and hurt cloud your judgment.

Divorce can be emotionally traumatic, but it is best to treat your case like a business process. Be pragmatic, listen to your attorney’s advice, and check your emotions at the door. Never fight with your ex out of revenge, and keep the big picture in mind throughout your case. The sooner you learn to stop being emotional, the sooner your divorce can be finalized.

Dealing with Financial Pitfalls

Regardless of the steps you take, you will most likely experience one of the many financial pitfalls to divorce. You can help minimize the impact of your divorce by hiring an experienced family law attorney.

At Brian D. Perskin & Associates P.C., we understand that each divorce is unique. This is why we create personalized representation plans for every client. Your divorce is one of the hardest things you will ever go through, but the right attorney can make it a little easier.

For more information on divorce and family law in New York City, contact a member of our team at 718-875-7584. Or, visit us on vCita to schedule a free, no obligation consultation today!

Top 5 Reasons You May Get Divorced

op 5 Reasons You'll Get Divorced

Statistics show that nearly half of all marriages end in divorce. Why is this? Are small habits and annoyances to blame, or is it something big that causes couples to get divorced? While the exact cause for divorce varies, here, we discuss the Top 5 reasons couples call it quits:

Financial Issues

Money impacts every part of your life, especially your marriage. Issues surrounding income, marital debt, and spending habits, can cause major headaches. A strong marriage needs to have a solid foundation, and having the same money goals as your spouse is a crucial part of that foundation.

Infidelity

It should come as no surprise that infidelity is a common reason why couples get divorced. Extramarital affairs put a lot of stress on a relationship, and destroy the trust couples have for each other. Divorce papers often follow an affair.

Lack of Communication

Not being able to communicate well with your spouse can lead to divorce. Constant disagreements and bickering can lead to miscommunication- or a breakdown of communication all together. This can create a lot of tension in your relationship.

Addictive Behaviors

Addiction often results divorce, and we’re not just talking about substance abuse problems. Addiction can manifest in a variety of ways, including in your work, and in your desire to maintain a certain image or lifestyle. Some addictions are so strong that they become the focal point of your relationship, and will lead to divorce.

Incompatibility

Sometimes, regardless of how much your love your spouse, the two of you just aren’t compatible. While this is unfortunate, it is common. Differences surround religion, the desire to start a family, or where you want to live, can result in a marital breakdown. Getting divorced because of incompatibility doesn’t mean you don’t love your spouse. It just means that the two of you care enough about the other to let them have a chance at true happiness.

Are You Getting Divorced?

Hiring a family law attorney to represent you during a divorce is always recommended. Retaining a lawyer has tremendous benefits, regardless of the reason why you want to file for divorce. Because of how complicated the process is, and it is far too risky to try to represent yourself.

The law firm of Brian D. Perskin & Associates P.C. has helped thousands of New Yorkers navigate their divorce and family law cases. We strongly believe that knowledge is power, especially when it comes to divorce. This is why our attorneys off free, no obligation, consultations for all NYC residents. Call us at 718-875-7584 to speak to one of our dedicated professionals today!

We’ve Been Nominated for Best of Brooklyn!

Brian D. Perskin & Associates P.C. is proud to announce their nomination as Best Divorce Law Firm in Brooklyn. The Best of Brooklyn competition, hosted by Dime Community Bank, aims to shed a spotlight on the best businesses in the Borough.

Voting for the Best of Brooklyn

Casting your vote for the Best in Brooklyn competition is simple. Just follow these 4 quick steps to vote for Brian D. Perskin & Associates P.C.:

  1. Visit bestofbk.com from your computer or mobile device
  2. Click “Vote Now” on the top of the webpage
  3. Under “Categories”, select “Services” and scroll down till you see “Divorce Lawyer” (We’re right on top!)
  4. Click the red “Vote” button, and finish by entering your email address

Voting for the Best of Brooklyn awards ends on September 30th. Don’t forget to check back daily to make sure your vote is counted!

Why is this Important?

The Best of Brooklyn competition lets locals show their love for their favorite restaurants, galleries, and other small businesses. Brooklynites (like you) take great pride in their Borough, and the wealth of services it provides.

The Best of Brooklyn winners are the crème de la crème that Brooklyn has to offer. Don’t you want the best representation for your divorce or family court matter? Don’t settle for a subpar attorney or a mediocre law firm.

Brooklyn’s Best Law Firm

The attorneys at Brian D. Perskin & Associates P.C. have represented thousands of New Yorkers in tough divorce and family law matters. For more information, or to schedule a free, no-obligation consultation, contact Brian and his team at 718-875-7584 today!

Introducing Legal Financing with Brian D. Perskin & Associates P.C.

divorce funding

At Brian D. Perskin & Associates P.C., we are sensitive to the fact that divorce and family law cases can be expensive. We encourage our clients to take measures to keep their legal fees low, but sometimes, that isn’t enough. This is why we are proud to announce that our firm now offers legal financing to all New Yorkers.

What is Legal Financing?

There are many benefits to using legal financing to fund your divorce or family law case:

  • Pay your retainer fee without draining your bank account
  • Keep up to date with future legal bills
  • Have a less stressful case, without having to worry about money

The Legal Financing Process

We have partnered with FlexxBuy LLC to make applying for legal funding fast, easy, and stress free. Just answer a few short questions, and within seconds, you will have a list of financing packages that best suit your needs.

You are able to request legal funding in any amount, ranging from $1,000.00 to $40,000.00. Applying for funding with us will not impact your credit score, and there is no obligation to choose a financing package.

You don’t need to worry about scrambling to pay back your financing loan, either. Depending on the type of financing package you select, you will have between 12 months to 4 or 5 years to pay back your loan.

Apply Now!

Divorce is stressful enough without having to worry about how you will pay your legal bills. Click here to apply for legal financing with Brian D. Perskin & Associates P.C..

For more information on divorce and family law in New York City, contact us at 718-875-7584 to schedule a free consultation today!

Common Divorce Myths in New York

divorce myths

The internet is a wonderful tool, but it can be harmful to your divorce or child custody case. There are countless divorce horror stories online, and it’s hard to not believe them. Luckily, the team at Brian D. Perskin & Associates P.C. have shed a light on the most common New York divorce myths out there.

Myth #1: You must file for divorce in the city/state you got

married.

This is not true. Where you file for divorce depends on where you, or your spouse, legally reside. So, just because you got married in Las Vegas, doesn’t mean you must file for divorce in Nevada. Check out New York’s residency requirements for more information.

Myth #2: You cannot get a divorce if your spouse doesn’t

consent to one.

This is one of the biggest divorce myths. New York has two types divorce: contested, and uncontested. Contested divorces occur when one party does not consent to the divorce, or they don’t agree with the terms listed in the Complaint.

A Judge will never force you to stay married if your spouse doesn’t want a divorce. Contested divorce cases take more time than their uncontested counterparts, but a divorce will be granted. Just remain patient and let your attorney handle the matter for you.

Myth #3: Mothers will always be granted child custody

because of court bias.

In New York, child custody is determined in the best interest of the child. This can mean either the mother or the father.

A Judge will issue a child custody order ff you and your ex are unable to reach an agreement on your own. The Judge will take many factors into consideration, including which parent was the primary caregiver prior to divorce, while making their final decision.

Myth #4: You will “lose” your divorce case if you commit

adultery.

New York is a “no-fault” divorce state, so Judges typically pay little attention to accusations of adultery. You are not entitled to a greater share of marital assets just because your spouse had an affair.

With that being said, alimony payments may be impacted if a Judge decides that a cheating spouse wastefully dissipated marital assets by spending a lot of money on his or her fling. It is recommended you hire an attorney to help you determine if this is true in your case.

Myth #5: All marital assets will be split 50/50.

New York divides marital assets equitably, not equally. This means that marital property cannot be split in equal halves between you and your ex.

Instead, the Court must take many factors into consideration while determining the equitable distribution of assets. Factors can include the length of your union, your income, and each spouse’s financial contribution to the marriage. The Court must also determine if an asset is sole property, joint property, or has been co-mingled during the marriage.

Myth 6: You don’t need a divorce lawyer.

One of the most concerning and harmful divorce myths is that you don’t need a lawyer. Divorce cases are complex matters. It is easy to get caught up in your emotions, and for your judgement to become clouded. This is why it is always recommended that you retain an experienced divorce attorney to advocate on your behalf.

The team of attorneys at Brian D. Perskin & Associates P.C. are experts in matrimonial and family law, having represented countless New Yorkers throughout some of the most difficult periods in their lives.

Find out how we can help you. Call us at 718-875-7582 to schedule a free, no obligation consultation today!

Statements of Net Worth in New York Divorce

SNW NY Divorce

Some of the most common points of contention in New York divorce cases involve money. Spouses often disagree on child support, alimony, and equitable distribution. How can a Statement of Net Worth help to alleviate these issues?

What is a Statement of Net Worth?

A Statement of Net Worth is a court document, and is part of every contested divorce action. This document outlines your finances and expenses. It also aides in dividing assets, and determining support obligations. You, and your spouse, will need to prepare a Statement of Net Worth prior to your court appearance.

Preparing and Filing a Statement of Net Worth

Preparing a Statement of Net Worth is a relatively easy process. Your attorney will work with you to draft the document, but it will be up to you to provide the following information:

  • Tax returns from the last three years
  • Financial statements, investment portfolios, and loan documents
  • Household expenses (utilities, mortgage, insurance)
  • Lifestyle and recreational expenses
  • Costs related to children (tuition, child care, extracurricular activities)
  • Index of tangible assets (jewelry, artwork, collectibles)

Your attorney will file your Statement with the court and serve a copy on the opposing counsel. You will also receive a copy of your spouse’s Statement of Net Worth. It is important that you review the document thoroughly, to make sure your ex isn’t trying to hide or liquidate marital assets.

Using Your Statement for Budgeting

A major benefit of completing your Statement of Net Worth is that it outlines your monthly expenses, and allows you to budget accordingly. Divorce can have a big impact on your finances, especially if you have to pay child support or alimony. Scaling back on lifestyle expenses, such as dining out, recreation, or shopping, can help you secure your post-divorce financial future.

Brian D. Perskin & Associates P.C.

Our law firm, Brian D. Perskin & Associates P.C., specializes in complex divorce and family law matters, with an emphasis being placed on high net worth cases.

Securing your finances, both during and after divorce, is important. You need to hire an attorney to ensure that your assets are addressed correctly. For more information on how our team can help you, call us at 718-875-7584 today!

Top 5 Money Saving Divorce Tips

New York City is expensive. Between paying your rent or a mortgage, refilling your Metrocard, and enjoying all that our great city has to offer, you may feel a little strapped for cash. This doesn’t mean you can’t get a divorce, though, as long as you have a solid financial strategy in place.

Don’t let your financial worries prevent you from filing a case. Just follow these 5 tips from Brian D. Perskin & Associates P.C., and find out how to save money during divorce.

1. Create a Budget and Stick to It

Knowing your finances and creating a budget is essential to saving money during divorce. Keep a record of your monthly spending habits and see where you can scale back. Do you really need to go out to dinner three times a week? Choose one recreational activity a week, and maybe think twice before buying that new suit you’ve been eyeing.

It may not seem like much, but those small sacrifices really add up. You can easily save at least few hundred dollars a month, and apply those funds to pay down your legal fees without having to tap into your savings.

2. Help Your Attorney

Believe it or not, it is possible to hire an attorney and still save money during divorce. Most law firms bill their clients per hour, which means you can run the risk of racking up quite a hefty legal bill. This can be avoided with a little preparation and legwork on your part.

Before you file, start to gather financial records. You can download most bank, loan, mortgage, and investment documents from the institution’s website. Once you have the statements, you can e-mail them to your attorney. Because of your initiative and helpfulness, your lawyer won’t have to subpoena bank and insurance records, or contact the financial institutions on your behalf.

3. Don’t Fight for the Sake of Fighting

Contested divorce cases are rife with conflict, and acting irrationally or spontaneously can cost you big time. One mistake many litigants make is fighting over marital items just to upset their ex-spouse.

Take a break, step back, and really try to figure out why you’re refusing to let your spouse have the living room set. Is thousands of dollars in legal fees really worth an $800 couch and chair? Don’t let your emotions be the cause for your empty wallet.

4. Work out Agreements on Your Own

Let’s say you’re one of the lucky ones: you actually get along with your ex. Why not use this to your advantage, and create settlement agreements regarding child custody, support, and the division of assets without ever having to step foot inside a court room?

Preparing for a trial or court appearance is the most expensive part of a divorce. Negotiating a settlement without a judge’s intervention will save you time and money, while also helping you have a more rational divorce!

5. Your Lawyer is Not Your Intermediary

You hired your attorney for their legal expertise, and to help guide you through the divorce process. A good lawyer will even be able to help you develop a communication strategy for you when dealing with your ex.

That being said, you should not treat your lawyer as your intermediary. This means that you should not turn to them every time you need to talk to your ex, especially if it is something you can easily handle, like deciding who will take the kids to a birthday party over the weekend. All of the unnecessary back and forth wastes time and drains your bank account.

Call Us Anytime!

As one of New York City’s top rated divorce and family law firms, the team at Brian D. Perskin & Associates P.C. understands the financial insecurities some New Yorkers may have. This is why we do our part to help keep their legal fees low, and actively work to settle cases without trial whenever possible.

For more information, or to learn more about how we can help you, contact us at 718-875-7584 to schedule a free, no obligation consultation.

How to Have A Better Holiday During Divorce

Holiday Season

The first holiday season after a divorce can be difficult, but the joyous time of year doesn’t have to be a drag if you remember to keep these 6 simple rules in mind.

1. PUT YOUR KIDS FIRST

Think about how hard the holiday season is for you right now, then multiply that by 10 for your kids. Figure out a holiday co-parenting plan with your ex, then make your children your main focus. Having an enjoyable Christmas or Hanukah during a divorce can make the whole process easier!

2. TREAT YO’ SELF

Divorce is a total upheaval of your life. You break things off with your partner, you may move, and you may lose some friends. It’s a lot to go through. Let go of the stress and negativity, and (in the words of Donna and Tom from Parks and Rec) TREAT YO’ SELF! You deserve it.

3. RE-EVALUATE HOLIDAY TRADITIONS

Don’t participate in certain holiday traditions if they are too painful or make you sad. Make a list of traditions, and eliminate the ones that bring negativity. Add new activities in their place, and start to make new traditions and family memories.

4. DON’T TRY TO “OUT-DO” YOUR EX

You want the holiday season to be special for your children, but turning gift giving into a competition with your ex not only creates unneeded stress and tension, but it can make your kids feel awkward. Try discussing a spending limit, as well as who will buy what, before starting your shopping.

5. DO SOME GOOD

An easy way to lift your spirits is to do a little good for someone else. Volunteer at a soup kitchen, animal shelter, or retirement home. Being on the receiving end of a smile, genuine “thank you”, or hug can do wonders to help alleviate some of the negativity surrounding your divorce.

6. CELEBRATE!

We know that divorce during the holidays can be tough, especially if you won’t be spending as much time with your kids. Instead of sitting at home and wallowing in your own self-pity, get out there and have some fun! Accept party invites, go shopping with a friend, help a relative make pies… Whatever you do, just make sure you celebrate and have fun!

Divorce is no walk in the park, especially if you have children. It can seem even more daunting once you throw holiday festivities and traditions into the mix. Do your best to follow these 6 rules, and have a wonderful and happy holiday season!

Brian D. Perskin & Associates P.C. has provided intelligent and aggressive representation to New Yorkers for 26 years. The team of experienced attorneys specialize in complex divorce and family law matters. For more information, call 718-875-7584 to discuss your case.