Brian D. Perskin & Associates

Financial Abuse in New York City Divorce

Financial Abuse

Domestic abuse, a very serious issue, can take on many different forms. It doesn’t just include physical violence or mental abuse. An often overlooked form of abuse during a marriage is financial abuse.

What, exactly, is financial abuse, and what can you do if you’ve fallen victim to this kind of behavior? Read on to find out how financial abuse will impact your New York City divorce.

What is Financial Abuse?

Financial abuse is a form of domestic abuse. It occurs when one spouse steals or withholds money from their partner. Sometimes, it happens when a spouse uses money as a bargaining chip in their relationship. In extreme circumstances, financial abuse occurs when a person refuses to let their spouse get a job.
Audrey Cade, contributor on divorcedmoms.com, penned an article detailing her experience with financial abuse. In her case, Cade trusted her husband to manage their finances, but he caused them to live far beyond their means. She wrote:

“Because I excused myself from the arena of our joint finances, I made myself ignorant to the fact that we were up to our eyeballs in debt, that bills were not being paid, and we were in big trouble!”

Are You a Victim?

Because financial abuse can manifest in many different ways, it can be hard to tell if you’re a victim. Common signs of this kind of domestic violence include:

  • You are forced to give your spouse your paycheck
  • You are not allowed to have access to financial accounts
  • Your spouse forced you to sign over your premarital assets to them
  • You are not allowed to make any purchases without permission
  • You are unaware of any marital debt
  • Being told that you cannot support yourself without your spouse
  • You are required to work at a family business for little or no pay

Keep in mind that these are some warning signs of financial abuse, and they might not be relevant to your marriage. It can occur in all kinds of relationships, regardless of economic class, educational background, etc.

Financial Abuse & Divorce

Financial abuse, along with any form of domestic abuse, is dangerous. This behavior is unhealthy, and will have long term financial and emotion effects (especially on your kids). You need to take immediate action if you believe that you are a victim of this form of domestic abuse.

Leaving an abusive marriage is hard, and it takes a lot of planning. Follow these tips when preparing for divorce:

  • Obtain copies of all important documents (financial statements, bills, birth certificates, Social Security cards, etc.)
  • Run your credit report
  • Set up your own bank account, and apply for a credit card
  • Start to save money so you have funds after you file
  • Secure a safe place to live (family members or close friends can help)
  • Consult with, and hire, an experienced divorce attorney

A Trusted Source

The family law firm of Brian D. Perskin & Associates P.C. is one of the most trusted sources for New York residents who are looking to file for a divorce. We’ve helped thousands of people just like you through difficult divorce actions.

For more information on financial abuse in NYC divorce, contact us at 718-875-7584 to schedule a free and confidential consultation today.

Selling Your Home During a New York Divorce

Selling Your Home During Divorce

So, you’re going to file for a divorce. There are many decisions that must be made, and assuming you own a home, deciding what to do with it is one of the biggest. You have a few different options when it comes to addressing this issue. Is selling your home during divorce the best choice for you?

Alternative Options to Selling your Home

Selling the marital home during divorce isn’t right for everyone, and it might not be the best for you. There are no rules saying joint property must be sold during divorce, but a judge can order it after a divorce is finalized. With that being said, there are a few alternative options to selling your home during divorce:

  • Living with your ex during divorce
  • Moving out of the house
  • Buying your ex out of their share in the home
  • Keeping the home and practicing Bird’s Nest Parenting
  • Neither party remains living in the home, instead, using it as an investment property

It is worth looking into these options if you aren’t sure you want to sell your home.

Is Selling Right for You?

If you’re debating whether or not you should sell your home, asking yourself these 5 questions can help make the decision easier:

  • Can I afford to buy out my ex, and will I be able to pay monthly costs on my own?
  • What are the other housing options in my neighborhood?
  • Am I able to refinance my home?
  • Will my ex be willing to part with the home in exchange for other marital assets?
  • Will I want to stay in this home if I eventually get remarried?

There are a lot of pros and cons when it comes to selling your home during divorce, but the action you take will come down to one thing: finances. Remember: you don’t want to be house rich, but cash poor.

Pros and Cons of Selling your Home

Whether or not you should sell your home during divorce is dependent on the specifics of your case. The decision can be an emotional one, but there are benefits to selling.

For instance, letting go of the property and the bad memories associated with it is cathartic. Doing so can really help you cope with your divorce. There are financial benefits, as well. Selling the joint asset can provide with you with a financial cushion for life after divorce. You may even receive a tax break if you sell your home before your divorce is finalized.

Alternatively, there are downsides to keeping your home during divorce. Divorce has many financial pitfalls, many of which can ruin your credit and drain your bank account. Having to bear the burden of the monthly costs of your home contributes to financial uncertainty.

Hiring an Attorney

You should always consider hiring an attorney to handle your divorce, especially if your case involves property. Marital assets complicate divorce proceedings, and can often lead to longer case timelines.

The family law firm of Brian D. Perskin & Associates P.C. specializes in complex divorce actions. We make it our mission to assist our clients with every major decision during their divorce cases, including those concerning their homes. For more information, or to schedule your free and confidential consultation, contact us today!

Selling a Home during Divorce

Military Divorce in New York

Military Divorce

Being a member of the military is tough. It can take you away from your family, and makes communicating with your loved ones difficult. As honorable as it is to serve in the military, it can put a strain on your marriage. Military divorce has some unique obstacles, but the right law firm can make the process less stressful.

Military Divorce Challenges

All divorce cases have their own challenges and hurdles, but these are intensified for military families. Questions surrounding filing, jurisdiction, and child custody are common during military cases.

The grounds for a military divorce are the same as is in a civilian action. A divorce can be filed in New York State when:

  • Either spouse reside in New York
  • The military member is stationed at a base in New York

Active duty military members need to consult with a NYC divorce attorney if they wish to file for a divorce.

Protection for Military Members

Unfortunately, some military spouses will attempt to get a default divorce by filing while their partner is deployed overseas. Luckily, there are laws in place to help protect active duty military members.

For instance, servicemen or women have up to 60 days after they return from active duty to respond to a divorce Summons. Certain deployments make it very difficult for military members to be served with a Summons, which helps to delay the start of an action.

Retirement and Pensions

As with a normal divorce case, retirement benefits and pensions earned during the marriage are considered marital property. This means that they are subject to equitable distribution. However, the Uniformed Services Former Spouses’ Protection Act helps to protect a service person’s retirement benefits. As per the act, the non-military spouse will only be awarded benefits when:

  • The couple has been married for at least 10 years
  • The military spouse was active duty for at least 10 years

Custody and Support Issues

Active duty service members are often deployed, and typically do not receive residential custody. However, they can still retain joint legal custody, and they will have visitation rights. Military members need to take extra care to make sure their parenting agreement has flexible visitation stipulations. It is common for these agreements to include:

  • Phone calls
  • Facetime of video chatting
  • Extended visitation time (i.e.: school breaks)
  • A more flexible visitation calendar

Child support is determined using the same formula and methods in military divorce cases, as in regular divorce actions. A military member’s child support obligation cannot exceed 60% of their pay.

Military Divorce Attorneys

Military divorce is complicated. It requires the help of an experienced divorce attorney who is familiar with the process and additional challenges. The law firm of Brian D. Perskin & Associates P.C. specializes in complex cases, and has represented many service members during their divorce actions.

For more information, or to schedule a free, no obligation consultation, contact our team at 718-875-7584 today!

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!

Rules for Living with Your Ex during Divorce

Living with Your Ex

Filing for divorce can be expensive, and many litigants don’t realize that they are responsible for more than just their legal fees. To help combat the financial blow, you can take steps to save money during divorce. An unusual, but increasingly common, way to keep costs low is living with your ex during divorce.

Living with your ex during divorce is unconventional, but it can save you thousands of dollars in rent, moving, and household expenses. Your children may have an easier time coping with the news of your divorce, as well.

Living with your ex during divorce is risky, so it is best to set ground rules to help ensure that this arrangement goes as smoothly as possible.  Breaking these rules can be devastating.

Rule 1: Develop a Plan for Divorce

You need to develop a plan before entering into this kind of arrangement. Sit down with your ex, and create a rough timeline for your divorce. When will you tell your children? Who should file for the divorce? When will one spouse move out? Setting small markers for your divorce will help keep your plan on track.

Rule 2: Establish a Routine and Be Civil

Contested divorce cases are full of conflict, and this can create a lot stress for your children. The best way to make living with your ex easier on them, is to establish a routine. For instance, you may handle morning responsibilities, while your ex takes care of the evening schedule. This system may even help you develop a co-parenting and custody arrangement later on.

When you cross paths with your ex, do your best to remain civil. Constantly arguing in front of your children is harmful, and can do long term damage.

Rule 3: Don’t Start Dating

You should avoid starting a new romantic relationship until one of you moves out. Dating someone new while living with your ex during divorce is a recipe for disaster. Avoid the awkwardness and drama by putting your love life on hold. Remember: you don’t always share a roof with your ex. This is not permanent.

Rule 4: Prepare for the Long Haul

You need to prepare for the long haul if you suspect you and your ex will live together for the duration of your divorce case. A good way to do this is to see a counselor with your ex. The counselor can help the two of you develop ways to address conflict and other coping techniques.

Creating individual safe spaces to help with grieving is another great way to prepare for living with your ex during divorce. You should also be open with your needs during this tough transitional time. Living with your ex is not easy, and the only way to handle this is to be open, honest, and prepared.

Get Help with Your Divorce

Divorce is one of the most difficult experiences you will face. Living with your ex during this time can make the situation much harder. Hiring an experienced New York City divorce attorney can help.

The family law firm of Brian D. Perskin & Associates P.C. specializes in divorce and child custody matters. Our team of attorneys have over 50 years of combined experience, and have successfully represented thousands of New Yorkers just like you.

For more information on divorce and family law, or to schedule your free consultation, call us 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!

Divorce by Publication in New York

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

An Overview of Divorce by Publication

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

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

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

Performing a Diligent Search

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

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

Court Procedure and Publication

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

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

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

The Downside of Divorce by Publication

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

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

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

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

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

A Divorce Powerhouse

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

Intelligent and Aggressive Representation

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

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

Brian Wrote the Book on Divorce Strategy

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

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

download free book lightExperts in Their Field

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

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

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

The Proof is in the Pudding

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

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

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

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

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