Brian D. Perskin & Associates

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

Common 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.

The Most Absurd Reasons For Divorce

People file for divorce for a multitude of reasons. Sometimes couples fall out of love, drift apart, or decide that they just cannot get over a particular indiscretion. And other times… well, just take a look for yourself.

Relationship Status: Divorced

Social media has become a mainstay in divorce actions across the globe, with photos, status updates, and check-ins playing a major role in the discovery process. Facebook users routinely share major life events with their friend’s list, including news of pending nuptials, the birth of children, as well as divorce.

In 2009, a man in the U.K. changed his relationship status from “Married” to “Divorce”, without informing his wife. His wife was unaware of the news until a friend called her to offer support. The wife was devastated and embarrassed that she was the last to know about her pending divorce.

Failing to update your relationship status from “Engaged” to “Married” may result in a divorce, as well. A 28 year-old woman ended up filing for divorce after two short months of wedded bliss, because her 31 year-old groom forgot to update his Facebook after their nuptials. He claimed he was busy at work, and it simply slipped his mind.

Divorce is in the Cards

Going all in during a game of poker can be a gamble, but is winning worth your marriage? According to one Russian man, it is. Andrei Karpov had lost his entire life savings in during a heated poker game with Sergey Brodov. Believing his luck was about to change, Karpov bet the unthinkable: his wife. Unfortunately, he lost.

Karpov’s wife was unaware of the wager until Brodov came to collect his winnings. Furious, she filed for divorce from Karpov. In a strange turn of events, Brodov began a relationship with, and later married, Karpov’s ex-wife.

Marriage is a Prison?

Couples usually have cute or lovey-dovey nicknames for their better halves. Sometimes the nicknames express a strong desire and affection, while others may symbolize an inside joke between the couple.

Nicknames don’t typically lead to divorce, but it was the reason why one Saudi Arabian woman decided to end her marriage of 17 years. The woman’s husband left his cell phone at home one day, and for an unknown reason, the she decided to call it. The name that popped up on the phone’s Caller ID? “Guantanamo”. Yes, like that Guantanamo. The woman’s husband thought the nickname was a funny joke, but she believed it to be harsh and rude, and she reportedly stated so in her divorce filing.

Loving Animals a Little Too Much

Pets are such loved and prized part of the family, that animal custody has been brought to the attention of the court during contested divorce proceedings. In most cases, feuding spouses fight over the dog, not because of the dog.

Take, for instance, the story of a Romanian couple. The pair had been married for 50 years prior to the wife deciding her husband had been spending too much money on feeding stray dogs in their neighborhood. According to the woman, her husband was using his pension fund to buy food for the dogs, instead of providing enough for the couple to eat. Towards the end their marriage, the husband was reportedly taking food from their home and giving it to the hungry canines.

A love for animals spelled disaster for an Israeli couple, as well. In 2002, a woman surprised her husband when she welcomed an astounding 550 adopted cats into their home. The husband didn’t have a problem with his new housemates, until he began to notice that there was a cat in every corner of their home. His wife was spending the income he earned on cat food, and he decided to file for divorce once he realized the felines were the kings (and queens) of his castle.

Brian D. Perskin & Associates P.C. is a New York City based family law and divorce law firm, specializing in complex custody and divorce matters. For more information, or to schedule a free and confidential consultation, contact 718-875-7584 today!

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.