Brian D. Perskin & Associates

Should You File for Divorce during the Holiday Season?

Holiday Season Divorce

The decision to divorce your spouse is a big one, especially if made during the holiday season. This time of year, while usually joyous, can become stressful when coupled with a divorce filing. Should you wait to file for divorce until after the holiday season?

Holiday Season Interruptions

The holiday season is chock full of celebrations and tradition. These will be interrupted if you file for divorce during the holidays. Family gatherings will become a breeding ground for nosy relatives, asking what happened and offering unsolicited advice.

There is a lot of tension involved in divorce, and it makes keeping up with holiday traditions difficult. Will filing for a divorce in November or December will put a damper on the holidays for your children? Every child copes with divorce differently, but if you do file, there are ways to make the holidays easier for your kids.

Holding Out Hope

Many couples refrain from filing for a divorce until January, hoping that the holidays will reignite the spark they once had. This isn’t always the best idea. The holiday season is stressful enough, without having a strained marriage thrown into the mix.

Your relationship may feel stronger after the New Year, but it is unlikely it was actually repaired. The warm, fuzzy feelings you have after the holidays may be masking the underlying issues that made you want to file for divorce in the first place.

Financial Perks to Waiting

There are financial benefits to waiting to file for divorce until after the holidays. In New York, any income or assets earned before the filing date are considered to be marital assets. This means that they are subject to equitable distribution during your divorce case. Year-end bonuses may count during your divorce.

Your taxes will be effected regardless of when you file for divorce, however, when you file will impact your filing status. There are countless tax implications that are associated with divorce, so it is crucial you discuss your situation with an experienced divorce attorney prior to filing. For instance, any child support or alimony payments you may receive will impact your taxes, as well as any refund you may receive.

Beat the Rush by Filing Now

Many New Yorkers wait until after the first of the year to file for divorce. This is why January is known as Divorce Month. You can beat the rush by filing for divorce during the holiday season, however, it is important to stress that you will not be divorced by the end of the year.

There is no right or wrong answer asking whether or not you should file divorce during the holiday season. It depends on what is best for your family. If you get along well with your spouse, you may want to wait until January to move forward. Alternatively, if you are in an unhealthy or abusive marriage, you need to file for divorce as soon as possible.

For more information on New York divorce cases, contact the family firm of Brian D. Perskin & Associates P.C. With over forty years of combined experience, our team of attorneys have extensive experience handling complex divorce matters, and are eager to help you. Call 718-875-7584 to schedule your free consultation today!

Telling Your Children You’re Getting a Divorce

Telling Your Children

The only thing harder than deciding to file for divorce, is telling your children. In fact, doing so is one of the aspects of divorce that parents dread the most.

Luckily, the team at Brian D. Perskin & Associates P.C. have drawn on their years of experience and put together the essential how to guide for telling your kids about divorce.

Plan and Prepare

Telling your children about your divorce is one of the most difficult conversations you will ever have. It is also one of the most important. It is crucial that you work with your ex to plan what you will say. Divorce is a traumatic time for children, and you can make it easier by remaining a united front.

Before sitting down with your kids, you and your ex need to agree on what you are going to tell your children. They will ask why you are divorcing, but you don’t have to discuss the intimate details. You and your ex can prepare for the talk by discussing living arrangements, visitation, and how the divorce will impact your children’s lives. Having answers for common questions will help put your children’s minds at ease.

Have Age Appropriate Conversations

How you approach telling your children about your divorce will make a difference in how they cope. A good rule of thumb is to tailor the conversation to their age. Younger children have harder time comprehending what a divorce means, whereas adolescents will have a better understanding.

When telling younger children about your divorce, use simple terms and concepts. Young kids can develop inaccurate ideas about divorce, so it is important to let them ask any questions they may have. Always stress that the divorce is not their fault, and the decision for Mom and Dad to live separately does not mean that they aren’t loved.

Adolescents and teens have a better understanding of their surroundings, and it is likely they have figured out that you are getting a divorce before you tell them. You can have a more open and honest talk with older kids, but keep in mind that they won’t let their fears show as easily as their younger siblings. Once again, it is important to stress that the divorce is not their fault, and that they are still loved.

Tips for Telling Your Children

The internet is full of dos and don’ts for telling your children about your divorce. Each discussion and experience will be different, but it is important to create a safe and calm environment. Set aside enough time to have a thorough discussion with your kids, and make sure you do it at home. Always encourage a dialogue, and be prepared to answer very painful questions. Your goal, as a parent, should be to make the divorce as easy as possible on your kids. This starts with how you tell them.

Never play the blame game during the talk, as it can lead to parental alienation later on down the road. Arguing with your spouse creates tension, and it does not help to foster a safe environment. Don’t be surprised if your child doesn’t have the type of reaction you thought they’d have. All kids process divorce news differently, and they may need time to process their emotions. Never, ever, force your child to pick sides during divorce.

An Attorney Makes Divorce Easier

Your divorce attorney cannot tell your children for you. They can, however, make the divorce process easier for you and your family. With their guidance and representation, you can focus your attention on your children and make sure that they are coping with the divorce. Your kids need to be your #1 priority during divorce, and the only way to do this is to hire a lawyer.

The family law firm of Brian D. Perskin & Associates P.C. is one of New York City’s most experienced divorce powerhouses. The dedicated attorneys have represented thousands of New Yorkers, successfully advocating on their behalf both in, and out, of the court room.

For more information, or to schedule your free consultation, call 718-875-7584 today!

High Net Worth Divorce in NYC

High Net Worth Divorce

All divorce cases have challenges, but high net worth cases are more complex and present additional obstacles. Assets must be addressed during these unique cases. What key things should you know if you’re facing a high net worth divorce?

Handling Assets

High net worth divorce cases often involve a great deal of assets. Assets can range from financial accounts, to homes, cars, and collectibles. New York State uses a concept called Equitable Distribution to help divide assets during all divorce cases. Given the increased number of assets that high net worth cases have, you are faced with a prolonged discovery process.

To help keep you organized during your divorce, we suggest you create an index of all assets. This includes balances in financial accounts, loan amounts, mortgages, leases, and insurance documents. Streamline and organize your high net worth divorce with Brian D. Perskin & Associate’s free Assets and Liabilities Checklist.

Mixing Business with Divorce

A concern facing many litigants is that a high net worth divorce will effect their small business. Unfortunately, there is a good chance it may be. Your business will be subject to equitable distribution if it was created, or grew, during your marriage.

Your business is an asset, and needs to be valuated during your divorce. A Judge will issue a court order that assigns a third party company to evaluate your business. This complicated process requires the attention that only an experienced divorce attorney can provide. For more information on how to handle your business during a divorce, click here.

Other High Net Worth Concerns

High net worth divorce cases can contested, or uncontested. Even if you are in agreement with your ex-spouse regarding the distribution of assets, you still need to address custody, child support, and alimony. Court intervention is needed when divorcing parents are unable to reach a child custody agreement on their own.

Hidden assets are a major concern in high net worth divorce cases. Hiding, or trying to siphon off, assets is a very serious matter and will impact alimony and child support. Litigants often try to transfer their assets to a family member in an attempt to make the court believe they have a lower net worth. You can help your attorney recognize hidden assets by keeping an index of marital property, especially smaller items like jewelry and collectibles.

The High Net Worth Experts

With over forty years of combined experience, the team at Brian D. Perskin & Associates P.C. have represented countless New Yorkers in their high net worth cases. The knowledgeable attorneys are well versed in matrimonial law and the discovery process. Their keen eye for discrepancies have helped protect the net worth of residents in all five boroughs.

For more information on high net worth divorce cases in New York City, contact Brian and his team at 718-875-7584 today. (Don’t forget to schedule your free consultation online!)

Protecting Your Credit during Divorce

Protecting Your Credit

Divorce has the power to impact every aspect of your life, especially your finances. Protecting your credit during your divorce will help to secure your financial future after your case is settled. What steps can you take now, to ensure that your credit doesn’t suffer later?

Why Your Credit Score Matters

Your credit score is one of the most important factors to consider while planning for your life after divorce. A higher credit score can make it easier to apply for loans or refinance your mortgage. Protecting your credit can even lead to lower interest rates, as well as better financial opportunities.

Protecting Your Credit during Divorce

There are many ways to protect your credit during divorce. Some of the most common methods include:

  • Closing, separating, or freezing all joint accounts
  • Create an index of your properties and assets, so you can better monitor these accounts
  • Keep current on all of your bills throughout the duration of your divorce
  • Track your expenses, make a budget, and stick to it
  • Monitor your credit report and financial accounts, and address any discrepancies

Divorce is tough. Worrying about your finances during divorce can make the situation much more stressful. While you may not want to address these tough issues now, it will pay off in the long run.

Improving Your Credit after Divorce

Divorce is a major life event, and it will impact your finances. Transitioning to a single income household, coupled with support payments and legal fees, can make it hard to improve your credit rating. Fortunately, there are steps you can take to rebuild your credit after divorce.

  • Sign up for credit monitoring programs and set up alerts
  • Continue to stick to the budget you made during your divorce proceeding
  • Open new credit accounts in your name, and remain current on your payments
  • Make sure you have been removed from joint accounts with your ex, so you aren’t held responsible if they go into default

Rebuilding your credit after divorce is a marathon, not a sprint. Just because you took measures to protect your credit early on, doesn’t mean that it won’t take a hit as your case drags out. Adjusting your finances to your post-divorce life takes time, but keep it up. You’ll get there!

Hiring the Right Attorney

Hiring a divorce attorney may not seem like a method for protecting your credit during divorce, but it is. Your lawyer will have your best interest in mind throughout your case, and that includes your finances. An experienced divorce lawyer has the skills and capabilities to get you the financial settlement you are entitled to, which can help protect your financial future.

For more information on the financial aspect of divorce, contact the law firm of Brian D. Perskin & Associates P.C. at 718-875-7584 today!

Divorce During the School Year: Q&A

Divorce during the School Year

Back to school season can be tough for families of divorce. There can be a lot of uncertainty surrounding custody, support, and co-parenting during the school year. Things can become even more complicated if your divorce case is just beginning.

What are the most common questions divorced parents have regarding the school year?

Will my custody agreement change?

Your custody agreement may change, depending on what schedule you and your ex currently follow. For instance, it may be best to modify your agreement for the duration of the school year. This way, your child doesn’t have to split their time between households during the week. Visitation can occur on the weekend, or on weeknights.

How do extracurricular activities affect visitation?

There is a good chance that extracurricular activities will affect your visitation schedule. Sports games, debates, and school plays are often held on the weekend. This means that the non-custodial parent’s visitation schedule will be interrupted. While this is not an ideal situation, attending extracurricular activities allows for you to perfect your co-parenting skills!

Who pays for additional academic expenses?

Additional academic expenses should be addressed in your support or custody agreement. Typically, the custodial parent will bear the brunt of additional costs. However, the non-custodial parent will often agree to pay a share of extra expenses. It’s best to review your agreement prior to petitioning the court for a modification.

Do we need to tell the school?

You are not required to inform your child’s school of your divorce. However, it is a good idea to let the principal and guidance counselor know, so they can be on the lookout for any behavioral changes your child may experience. Provide the school with updated contact information, and request that they send copies of all documents to you and your ex. This way, you are both being kept up to date and informed during the school year.

How can we make the school year easier for our child?

Back to school time is hard for kids, especially those whose parents are getting a divorce. To make the transition easier, try to implement the following strategies:

  • Create consistency between households (same rules, bedtimes, etc.)
  • Have separate sets of school supplies, clothes, or uniforms at each household
  • Create a schedule for visitation and parenting time, but remain flexible
  • Let your child decorate a calendar that shows which parent the child will spend time with each day
  • Encourage your child to video chat with your ex during your parenting time
  • Never use your child as a messenger to relay information to your ex-spouse

Brian D. Perskin & Associates P.C.

It is impossible to predict how well your family will handle the school year while in the midst of a divorce. It might not be easy, but that is why you need a top rated law firm by your side. The team of attorneys at Brian D. Perskin & Associates P.C. have represented thousands of New Yorkers in tough divorce and child custody matters.

For more information, or to schedule your free consultation, contact Brian and his team at 718-875-7584 today!

Parallel Parenting: Conflict Free Co-Parenting

Parallel Parenting: Alternative Co-Parenting

Last week, we briefly touched on parallel parenting during our discussion on alternative forms of co-parenting. However, this method deserves more in-depth coverage, as it can be helpful for divorcees who are unable to co-parent successfully.

What is Parallel Parenting?

Parallel Parenting allows for divorced couples to co-parent while keeping their interaction with each other to a minimum. This method was developed for couples involved in high-conflict divorces. It is also useful for parents who can not interact without fighting.

During parallel parenting, parents are able to make decisions regarding their children without having to consult with their ex. For this to work, parents much agree on which aspects of their children’s upbringing they want to have control over. For instance, one parent will make all medical decisions, and the other will handle schooling and extracurricular activities.

Changing Communication Strategies

The main goal of parallel parenting is for children to be raised in a conflict free environment. In order to do this, parents must change the way they communicate with each other. To accomplish this, parents can:

  • Only communicate via email, text message, or on co-parenting apps
  • Keep conversations factual, and do not let emotion take control
  • Never attend the same school or extra-curricular functions
  • Do not spend time alone with the other parent
  • Arrange a neutral location for custody exchanges
  • Use a third-party to help with custody exchanges

These changes will not happen overnight. They take work. Parallel parenting is not easy, and there will be some trial and error. But, remember: this co-parenting method is good for children.

Pros and Cons to Parallel Parenting

The pros to parallel parenting far outweigh the cons. Since communication between parents is limited, there is less stress. Parallel parenting may even result in lower legal fees, as parents won’t get stuck in a loop of conflict and litigation. This method also helps to foster a stronger relationship between the child and each parent.

In some cases, parallel parenting can have a negative impact on children. Some kids can have difficulties moving between households, and may develop a sense of loyalty to one parent. Children can also feel hurt when they can’t have both parents at graduations, sporting events, and birthday parties.

Get the Help Need

In order for parallel parenting to work, both parents need be on the same page. They must realize that they cannot co-parent without a great deal of strife. Developing an effective co-parenting method is a marathon, and not a sprint. It requires the help of an experienced family law attorney.

Trust the team at Brian D. Perskin & Associates P.C. to customize a hand crafted divorce and co-parenting strategy for you. For more information, or to schedule a free consultation, contact us 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!

Dealing with Anger during Divorce

Anger during divorce

Feeling angry during divorce is perfectly normal. In fact, it’s to be expected. Divorce is a major life change, and your case will not always go as planned. You need to learn how to recognize when you’re getting mad, and how to deal with your anger during divorce.

Physical Signs of Anger

Nothing is more infuriating than an already stressful situation becoming even more complicated. When going through a divorce, it is important that you learn to recognize your physical signs of anger. You should be on the lookout for:

  • An increased heart rate or rapid breathing
  • A headache or stomach ache
  • Feeling hot in your chest, neck, or face
  • Shaking or trembling
  • A general tightening of muscles throughout your body

Take note of your physical signs of anger next time you fight with your ex. Do you start to tense and feel hot? Knowing how your body responds to stress will help you better deal with your anger during divorce.

Dealing with Anger the Healthy Way

It is easy to lash out when you’re angry, but that will get you nowhere during your divorce. Bottling up negative feelings is horrible for your mental and physical health. Instead of suppressing anger, try dealing with it in a healthy way.

You should already have a general idea of ways to calm yourself down when you’re mad, but if you’re feeling especially agitated, try something new. Enrolling in a kickboxing or cross-training program lets you sweat out your frustration. Or, calm your nerves by taking a walk in the park or visiting the beach.

The best way to deal with anger during divorce is to set time aside to focus on yourself. Pick a day to do what makes you happy. Read a book, spend time with close friends, or cook your favorite comfort food.

Co-Parenting while Angry

One of the worst things you can do during your divorce is co-parent while angry. You may not get along with your ex, but it is best to put your differences aside for the benefit of your kids. How can you do this effectively?

  • Develop a communication plan to minimize interaction with your ex
  • Use co-parenting apps
  • Do not respond to your ex’s threatening or confrontational messages
  • Refrain from contacting your ex when you are angry- take some time to cool down first

You might need to cut off all contact with your ex if the two of you are unable to co-parent effectively because you cannot get along. This kind of arrangement is not ideal, but it is common.

When to Seek Help

If you are still having a hard time letting go of negative feelings, thoughts, or emotions, you should consider seeing a therapist. Admitting you need help coping with divorce is hard, but it is nothing to be embarrassed about. Many children need therapy during divorce, and adults are no different.

Talking about your divorce with a trained professional is incredibly therapeutic, and doing so will make the process easier and less stressful. Divorce doesn’t have to be a life ending event, nor does it have to scar and haunt you for years to come.

The Right Attorney Matters

Hiring the right attorney is a great strategy for dealing with your anger during divorce. An experienced lawyer, much like those at Brian D. Perskin & Associates P.C., is able to make the divorce process easier and less stressful for you.

Don’t try to handle your case on your own- rely on the experts. Call Brian and his team at 718-875-7584 to schedule your free consultation, and get back to focusing on your well-being.

Divorce and Child Custody 101

Divorce and Child Custody 101

Knowledge is power, especially when it comes to divorce and child custody. Having a basic understanding of the two is vital to the success of your case. Should you file for a divorce or legal separation? Can you have legal custody if your child doesn’t live with you?

Consider this your much needed crash course in New York divorce and child custody law.

Divorce vs. Separation

At Brian D. Perskin & Associates P.C., we have many New Yorkers ask us if they should for a divorce or legal separation. What is the difference, and does it really matter?

  • Legal Separation: You will remain married to your spouse during a legal separation. Your separation agreement will address common divorce issues. Issues include child custody and support. You will remain on your spouse's insurance, and have access to their retirement benefits, during a legal separation.
  • Divorce: A divorce terminates your marriage. There are two kinds of divorce in New York: contested, and uncontested. Your divorce will be contested if you and your ex are unable to agree to the terms of the divorce. You need to hire an attorney if you are going through a contested divorce.

Child Custody, Visitation, Support

Child custody and support cases can be their own individual actions, or they can be aspects of a divorce matter. As with divorce, there are different forms of child custody:

  • Physical/Residential Custody determines which parent a child will live with.
  • Legal Custody refers to which parent has the right to make major decisions on the child behalf, including education, medical care, and religious upbringing.
  • Sole Custody means that one parent has been granted a certain form of custody.
  • Joint Custody occurs when both parents are awarded the same type of custody.
  • Visitation time is awarded to the parent who has not been given physical custody.
  • Child Support is money paid to the custodial parent, and terminates once the child is 21 years old, or has been emancipated.

Child custody agreements are unique, and will vary from case to case. Regardless of what kind of child custody order you receive, it will always be made in your child’s best interest.

The Divorce and Child Custody Experts

What makes Brian D. Perskin & Associates P.C. so unique is how we represent our clients. Our team of attorneys all have different styles of representation. Some favor settlement outside of the courtroom, while others prefer to duke it out in front of a judge. We can guarantee that we have the right lawyer for you!

Our lawyers have over 50 years of combined experience, and have helped thousands of New Yorkers with their complex divorce and child custody cases. For more information on how we can help you, or to schedule your free consultation, contact us at 718-875-7584 today!

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!