Brian D. Perskin & Associates

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!)

Orders of Protection in New York

Orders of Protection are court orders that aim to help prevent harassment, domestic abuse, and stalking. These court orders are fairly common in divorce and family law cases. However, there is still a lot of confusion surrounding these documents.

Filing for an Order of Protection

New York State allows litigants to file for an Order of Protection in Family Court, but only if you meet one of these requirements:

  • You are related to the respondent by blood or marriage;
  • You are, or were, legally married to the respondent;
  • You have a child with the respondent; or
  • You are, or were, in an intimate relationship with the respondent.

If you meet one of the Court’s criteria, you may file a Family Offense Petition in your county’s Family Court. You will then be issued a Temporary Order of Protection once your petition is approved.

Types of Orders of Protection

Orders of Protection can be both temporary and permanent. According to the 5th Judicial District your Order might include:

  • Stay away: bars the respondent from showing up at your home, office, child’s school, etc. A stay away can also prevent someone from contacting your family members.
  • Refrain from: the respondent must stop a doing a certain action, such as threatening you.
  • Exclusion: bans the respondent from entering the home they share with you. Exclusions are only granted when the respondent poses a clear and present danger to you or your children.
  • Collect Belongings: requires law enforcement to be present when the respondent removes their personal items from your home.
  • Firearms: the respondent will not be allowed to carry or use a weapon. The court will confiscate all firearms from your ex.

Enforcing Orders of Protection

Unfortunately, not all Orders of Protection are followed. There is always a chance that your ex will disobey the terms listed in your Order. Because of this, it is important to keep a copy of your Order of Protection at home and at work. You should even consider giving a copy to your child’s school. Keep it handy so you can show law enforcement that your Order exists.

Violating an Order of Protection is a very serious offense, and can result in jail time for the offender. If your ex is violating your protection order, you need to take immediate and swift action. The first step to safeguarding your family is to hire a lawyer who experience with Orders of Protection. Keep in mind that you will need to file an Enforcement Petition and appear in court, but having a lawyer fight for your safety can make the process easier.

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The law firm of Brian D. Perskin & Associates P.C. has helped thousands of New Yorkers protect their families with Orders of Protection. For more information on divorce and family law, or to schedule your free consultation, contact Brian and his team at 718-875-7584 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!

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!

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!

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!

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!

Say “I Do” to a Prenuptial Agreement

Prenuptial Agreements were once a taboo subject, but they are now gaining mainstream popularity. A growing number of engaged couples are signing prenuptial agreements prior to their wedding day. If you’re engaged, you need to make sure discussing a prenuptial agreement with your partner is an essential part of your wedding planning.

To help aide in your discussion, the staff at Brian D. Perskin & Associates P.C. have put together a list of the most common prenuptial agreement questions and concerns. Check them out!

Q: How soon before my wedding should I get a prenup?

A:     Your prenuptial agreement must be signed and notarized at least 30 days before your wedding day. Anything later and you run the risk of your agreement being invalid.

Q: Do my fiancé and I need different attorneys?

A:     Yes. You and your fiancé must have separate lawyers. Lets assume you hire a lawyer to draft your prenup. Your fiancé will need to hire an attorney to review the document. The purpose of the second lawyer is to make sure the agreement is not biased in your favor.

New York law requires that two attorneys sign your prenuptial agreement, or else it will not be valid. An invalid prenup will not hold up in court.

Q: How much does a prenuptial agreement cost?

A:     The cost of a prenuptial agreement varies per firm, but they are relatively inexpensive. You can call different law firms in your area and ask for a quote, but keep in mind that you get what you pay for.

Be cautious of do-it-yourself programs or legal centers offering low-cost prenups. They can be riddled with errors, and the cost to correct them can set you back a few thousand dollars.

Q: What can be included in a prenup?

A:     The purpose of a prenuptial agreement is to differentiate between separate and marital property, and outline how property will be divided during a divorce. Your agreement can include:

  • Stipulations regarding individual debt and finances
  • The division of marital property if a divorce should occur
  • Guarantees that your family’s property, small business, or a future inheritance, will remain your separate property
  • Rules for who will manage future joint financial accounts, household bills, etc.

New York State law forbids that prenups include:

  • Decisions regarding future child custody or support
  • Stipulations that cause one party to waive their right to alimony
  • Personal matters or preferences (division of household chores, instructions on child rearing, etc.)

Q: What happens if we divorce?

A:     A major benefit to a prenup is that the document settles many divorce issues, before the case even begins! The discovery and equitable distribution phases of divorce are long, tedious, and expensive. Prenuptial agreements can help to alleviate the cost of your potential divorce.

Issues will arise if the agreement is contested during divorce. When this happens, a judge will need to evaluate all of the circumstances surrounding the drafting and signing of the prenup. This process can complicate, and prolong, a divorce case.

Call the Prenuptial Agreement Experts!

Are you interested in a prenup? If so, you need to make sure the agreement completed correctly, and that it is legally binding. You need the Perskin Guarantee! Call the law firm of Brian D. Perskin & Associates P.C. at 718-875-7584 to get started 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!

A Guide to Celebrating Mother’s Day During Divorce

The first Mother's Day during divorce can be difficult. Can a mom depend on her ex to make the day special? Will she be left in the dust if she doesn't have scheduled parenting time on Sunday?

Surviving Mother's Day during divorce is easier than you may think, especially when both parents take steps to make the day special.

Review Your Custody Agreement

Mothers run the risk of not seeing their children on Mother's Day if parents share joint custody. A quick review of the custody agreement can determine which parent has the children on Mother's Day. It is important for children to spend Mother’s Day with mom, so allowing changes to the current schedule is recommended.

Planning for Mother's Day

Mother’s Day is a holiday worth celebrating, and taking a break from the normal day-to-day routine is a great way to do just that.

Moms must let their ex know if their custody and visitation schedule will change on Mother's Day. Changes can include an earlier drop off to accommodate brunch reservations, or if they wish to visit grandparents outside of the city. The sooner they can discuss plans with their ex, the better!

Tips for Dads on Mother's Day

Divorced dads can still play a pivotal role in Mother's Day, especially if they share young children with their ex. Dads can help their children shop for gifts, or even have flowers and chocolates delivered to their ex’s home on Mother's Day.

Divorced dads need to recognize how difficult this holiday can be for their ex, and do what they can to make the holiday easier. Being flexible with changes in visitation is incredibly important, as is encouraging their children to celebrate their mother. Mom will be more inclined to extend the same courtesies come Father’s Day, if dad does his part to make her day special.

Single Moms on Mother's Day

Single moms don’t always get the recognition they deserve on Mother's Day. Instead of breakfast in bed, flowers, and thoughtful gifts from a dotting husband and father, they may just receive a hug and handmade card from their toddler.

Single moms may feel left out on this special holiday, but they need to remember that the day isn’t just about gifts. It’s about the little moments with their children, and creating lasting and loving memories. Instead of feeling blue, single moms can plan a mommy-and-me activity, or reserve a table at a nice eatery. Some moms even splurge book themselves a massage and facial at a spa for some much needed alone time.

Brian D. Perskin & Associates P.C. is a NYC based divorce law firm, specializing in complex family matters. For more information on divorce and child custody in New York, contact 718-875-7584 today!