The Law Offices of Alan L. Finkel

Additional Factors Which May Be Considered Income To Calculate Child And Spousal Support – Watch here:

https://vimeo.com/646735909

Additional Factors Which May Be Considered Income To Calculate Child And Spousal Support | Alan Finkel - Divorce - NY https://divorceguruny.com/ The Law Offices of Alan L. Finkel 5036 Jericho Turnpike Suite 208 Second Floor Commack, NY 11725 United States (631) 462-3100 All sources…

Why Would A Prenuptial Agreement Ever Be Unenforceable In The Future?

Because all litigation is dangerous. There are way too many factors to properly answer that question without knowing the facts. I had 3 prenup trials. Two were enforced, one was not. Here are some examples:

For instance, I own a home before marriage, and I sign a prenup with my fiancé who has a college degree and works in a $50,000 office job. That house is all mine, prenup or no prenup. The law says anything you own and bring into the marriage remains yours, like this house. But without a prenup, 100% of the money I pay the mortgage down with is considered marital, since that income was earned while am married. In this case, a prenup might state specifically, that all the principle pay down remains mine, although paid down with marital income. Learn here:

https://divorceguruny.com/enforceability-of-premarital-agreements-in-new-york/

Are There Laws For Division Of Assets For Couples Who Have Never Legally Been Married In New York?

Separate is separate. If you have a bank account and it remains in your name without marriage, it stays your property. There is no community property or presumption of joint ownership without a valid marriage. No marriage, no division of ‘marital’ property. Plain and simple. New York is not California. When you say commingled, if you take money from a separate account and put it into a joint account, that automatically becomes mutual money. It has nothing to do with the law of marriage, and it just has to do with owning an account that is titled to either one or both people. Learn here:

https://divorceguruny.com/laws-of-asset-division-for-unmarried-couples-in-new-york/

What Is A Separation Agreement In New York?

A separation agreement is a written contract. A legal separation comes about after both spouses sign this written agreement. If it’s valid, after living apart (you can still live in the same house together), for a minimum of one year, either party who signed it can apply for a ‘conversion’ divorce, which will take all the terms from the legal separation agreement and convert it into the terms of a divorce judgment. Many states don’t allow separation agreements. With a legal separation agreement, be sure you obtain a judgment of separation, which is unique to New York State. A judgment of separation is the result of a separate lawsuit in the Supreme Court of New York that asks a judge to sign an Order making the terms of the separation agreement enforceable by way of a judgment or Order. His signature makes the terms 100% enforceable. Learn More:

https://divorceguruny.com/what-is-a-separation-agreement-in-new-york/

What Can Someone Do To Protect Their Separate Property In New York?

If you’re going into a relationship, it’s not a romantic concept to think about entering into prenuptial agreements. The best protection in New York state to protect your assets before you get married is not to get married. That’s the hard answer to this question. However, I’ve never heard of a pre-nuptial agreement adding to the romance and trust in any relationship. But that’s not the question. If the question is how to absolutely protect any asset from being part of the marital estate, the only sure fire method is to remain unmarried. Learn here:

https://divorceguruny.com/what-can-someone-do-to-protect-their-separate-property-in-new-york/

What does it mean when a divorce case goes to litigation?

Divorce litigation is the most formal of all the methods of dispute resolution. This legal process involves presenting the issues of your divorce case to a family court judge in order to resolve them when you and your spouse cannot agree. Most couples will only choose litigation if they absolutely cannot reach an agreement on the issues, even using other dispute resolution processes, such as mediation. While many divorces end up involving litigation at some point, it is far from the only way to settle a divorce. If possible, it makes sense for the parties to try to avoid taking their divorce into court because of the associated costs. Not only are there court costs, but attorney’s fees are usually increased for litigation as well. Going to court can also be more stressful and upsetting to the parties and their children. Learn here:

https://divorceguruny.com/faq-category/faqs/

What Happens To Your Assets When You Get Married In New York?

New York is a title state, which means that if you’re not married, nothing that either party acquires during that period of living together counts. If you’re not married, there is nothing marital to share. It’s only when a marriage occurs that any title to any property can become marital. New York is an equitable distribution state. Equitable means fair, although equitable is often considered half and half in a marriage, especially when it comes to things like retirement benefits. Several agreements can be entered into between couples, and they are all basically contracts. It’s just a question of how or if any of those contracts will be enforced or are not necessarily enforceable. Learn here:

https://divorceguruny.com/what-happens-to-your-assets-when-you-get-married-in-new-york/

Divorce – Living One’s Best Life on Long Island.

Figuring out how to live one’s best life in Suffolk County is probably one of the biggest tricks in the book of tricks. I don’t think there’s enough time for me to go through all of the components it entails, so I’ll just break it down to two words: money and kindness. How does one get those things?

Since money was invented, it’s been the thing that’s been sought after by everyone, all the time, without exception. Everyone would like to have an extra $20 bill; it buys things, and it allows people to buy things that help them be happy. Money does not buy happiness, but without enough of it, it’s impossible to sustain oneself by eating properly, keeping a roof over your head, and clothing themselves and their children. I can say this confidently after 36 years of seeing people’s net worth statements and helping them figure out whether they can afford to pay child support and maintenance for an average family of four living in Suffolk County. Learn More:

https://divorceguruny.com/living-ones-best-life-on-long-island/

How Can Parents Safeguard Their Children’s Future, And What Does That Mean?

It’s really simple: safeguarding a child’s future means turning them into a happy adult. Parents raise their children, and the children learn good manners or they don’t; they learn to read and write well or they don’t; they learn to be good parents or they don’t. The goal is to get them through good school systems, and to keep them healthy and happy. Accomplishing this costs lots of money, especially in this neck of the woods. But much more important is the parenting of these children. Learn here:

https://divorceguruny.com/how-to-safeguard-your-childrens-future-in-new-york/

Do You Find That Men Are More Hesitant To Consider Mediation, And Prefer To Go Straight For Divorce? Learn here:

https://divorceguruny.com/going-for-a-divorce-as-opposed-to-mediation-in-new-york/

Why Are 80 Percent Of Your Clients Women?

Having mediated divorces and legal separations for more than 36 years, (over half of my life), I’ve learned that the dynamic between couples is remarkably interesting. The initial attraction normally occurs when men are attracted to women sexually, or women see a future with the man, but not necessarily from the same vantage point. I’m not a psychologist or a scientist. However, I am a man. I have a wife and four grown children, and I dated pretty extensively throughout high school and college before I was married. Young men have a desire to be sexually satisfied forever. They hope to meet a woman who can help make that happen. This can lead to a relationship full of love and affection, which often leads to having children, who will need to be taught how to become adults. Children learn how to become adults through watching and learning from their parents. Learn here:

https://divorceguruny.com/why-are-80-percent-of-your-clients-women/

From Your Years Of Working With Couples Who Do End Up Making Their Marriages Work Versus Those Who End Up Divorcing, What Would You Say Are Some Of The Best Ways For Married Couples To Discuss And Handle Their Finances? Should We Do Separate Accounts, Joint Accounts, Or Both? Do We Give Each Other A Little Bit Of Financial Privacy To Some Degree, Or Is It Full Disclosure? Do We Have To Agree On Everything? Learn here:

https://divorceguruny.com/best-ways-for-married-couples-to-handle-their-finances/

Do You Find That There Are Often Differences Between The Way Husbands And Wives View And Handle Finances?

Some couples share finances from day one and live their lives responsibly, understanding that they’re doing everything they can to better their relationship. Then, when the kids come along, life changes completely. If they handle their finances responsibly and it doesn’t become a power struggle, then the likelihood is that their marriage will thrive and prosper. Money is the root of the majority of all divorces because of the power and control that money represents. If the couple has joint finances, there has to be a very high level of trust, just as there has to be a high level of confidence in the marriage. Learn here:

https://divorceguruny.com/differences-between-the-way-that-spouses-handle-finances/

Is It Safe To Say That There’s Going To Be Different Factors To Consider With A High-Net-Worth Family Versus A Lower Middle-Class Family? Learn here:

https://divorceguruny.com/factors-to-consider-for-high-income-and-low-income-families/

Let’s Talk Further About Mediation And See How It Lines Up With Some Of The Goals That We Originally Discussed. How is This The Best Process For Children And The Future Relationship You See Between Co-Parents – Read here:

https://divorceguruny.com/benefits-of-mediation-for-children-involved-in-a-divorce/

What Are The Benefits Are Of Using Mediation To Resolve Marital Dissolution Issues Versus Hiring Attorneys And Going Through The Court Process And Litigating And All That Hot Mess? Learn here:

https://divorceguruny.com/benefits-of-mediation-as-opposed-to-litigation-in-a-divorce/

What About Couples Who Can Afford To Divorce, They Can Afford That Second House Or Double This, Double That, Do You Still Recommend That They At Least Consider A Legal Separation Before Jumping Into A Divorce? Does That Make Sense For Everybody? What Does Your Conversation Look Like When It Comes To That? Learn here:

https://divorceguruny.com/initial-consultation-with-high-income-divorcing-couple-in-ny/

How Does Life On Long Island Differ For High-Net-Worth Families Versus Lower Or Middle-Class? Learn here:

https://divorceguruny.com/standard-of-life-of-families-living-on-long-island/

How Are Marital Assets And Debts Divided In A High Asset Divorce Case If You’re Going Through A Mediation Process? How Are Marital Assets And Debts Divided If One Or Both Spouses Decline Mediation? Learn here:

https://divorceguruny.com/division-of-marital-assets-and-debts-in-a-divorce-case/

Can my wife take everything in a divorce?

Contrary to what you may have heard from various divorce horror stories, your spouse cannot simply take everything from you in a divorce. It is common to hear divorced people complain about losing everything, but those statements are generally exaggerated and one-sided. No court is going to award all of a couple’s property to one party; the court must follow certain considerations when it is deciding who will keep what property. Before considerations are taken, the couple’s property must be classified to determine which items are eligible for property division. This process will involve the court determining whether or not each asset was owned by one spouse prior to the date of marriage or by both spouses after the marriage took place. This will determine whether the asset is marital property or separate property. Most property that was owned before the marriage will not be subject to division. Property acquired after the marriage is subject. Learn here:

https://divorceguruny.com/faq-category/faqs/

What should you not do during separation?

A very common mistake people make when involved in a separation is speaking to too many people about their situation. For most people, nearly everyone they know has been to through a divorce or knows someone who has. If you begin to advertise the fact that you are getting a divorce, you will open yourself up to various horror stories and loads of unqualified and potentially harmful legal advice. This is always a mistake, which could end up with you committing legal errors that will have consequences for years to come. It is also important, if you have children, to continue to encourage those children to foster a positive relationship with their other parent during your separation. If your divorce case ends up being litigated at some point, the judge will not look kindly upon behavior that drives a wedge between and child and a parent. Do not withhold time with the child or speak badly to the child about the other parent.

Learn here: https://divorceguruny.com/faq-category/faqs/

What is a wife entitled to in a divorce settlement?

Divorce settlements and property division are not determined by gender. New York is an equitable distribution state, which looks different for each couple. The court will take each party’s contributions to the marriage into consideration, as well as their income and earning protentional, when dividing marital property. The court will seek to make the divorce as fair as possible, rather than equal. The judge may also order one party to pay temporary or long-term spousal maintenance to the other party, based on the same factors. If one of the spouses makes significantly more money than the other one, they likely will end up paying spousal support and will see a more than equal share of property divided in the other party’s favor to make up the difference. This holds true whether the spouse who makes less money is the husband or the wife, or a party in a same-sex marriage.

Learn here:

https://divorceguruny.com/faq-category/faqs/

How long will my divorce take in Commack, NY and will I be able to afford it?

Family law in New York does not require any minimum waiting period before a divorce can be finalized. However, this in no way guarantees that your divorce will be handled in a short period of time. While an uncontested divorce may be completed in as little as three months, if any of the issues, such as child custody, are contested, even working with an experienced Commack, NY custody lawyer, a trial may be required, which could drag on in court for over a year. As far as how much money you could potentially pay for your divorce, the cost completely depends on how many issues you and your spouse were able to agree upon when dividing your finances and custody of your children. The average total cost of a divorce in California is about $17,100, including fees paid to your Commack, NY divorce attorney.

Learn here:

https://divorceguruny.com/faq-category/faqs/

How will the property my spouse and I have accumulated be divided in my Commack, New York divorce?

New York is not a community property state; your assets will most likely not be divided in half. Instead, the court will have the goal of making things fair to both parties using the equitable distribution of your marital property. All of this property, which includes any pensions, retirement accounts, and any other benefits, is subject to being divided in any way that the court finds fit. If you and your spouse happen to have very accumulated similar retirement or employment benefits, then there is a possibility that the family law judge will decide to just award each of you your own financial accounts. However, if there is a glaring disparity in income or employment benefits, the judge may instead divide your property in a way that is meant to even out that inequality. When you are deciding on how to divide all of the assets you’ve worked to earn in Commack, New York, you must speak with a skilled matrimonial attorney.

Learn here:

https://divorceguruny.com/faq-category/faqs/

Can I represent myself in my divorce? Do I really need a Commack, NY Divorce Attorney?

If you do not have any qualms about paying to see a doctor when you become ill, despite the cost, you should not have any qualms about going to see an experienced divorce attorney in Commack, NY when you need a divorce. Your matrimonial attorney can help you negotiate with your spouse and put the issues of your divorce on your own terms instead of having the fate of you and your children decided by a judge. By law, you are allowed to represent yourself in your divorce case, but it is not the way to go because will not end up with everything that you are entitled to. Representing yourself in your divorce is not worth the risk. You will be grateful that you invested in an experienced Commack, NY divorce attorney. If you are facing a divorce and don’t know where to turn, contact the compassionate attorney and staff at The Law Offices of Alan L. Finkel today. Put our attorney’s decades of experience to work for you.

Learn here:

https://vuckovichlegal.com/driving-while-license-suspended/

In Your Experience, What Are Some Of The Biggest Mistakes That Someone Makes Or Can Make In A High Net Worth Divorce?

Learn here:

https://divorceguruny.com/biggest-mistakes-that-someone-makes-in-a-high-net-worth-divorce/

How Would You Describe A High Net Worth Divorce Case? What Makes These Types Of Divorces More Complex?

Learn here:

https://divorceguruny.com/how-would-you-describe-a-high-net-worth-divorce-case/

Is A Stay-At-Home Parent Automatically Going To Be Favored In Any Sort Of Custody Arrangement In A Divorce Case? Is The Parent Who Works Outside Of The Home At A Disadvantage, Especially If A High Net Worth Individual Works Long Hours Or Travels?

Learn here:

https://divorceguruny.com/is-a-stay-at-home-parent-custody-arrangement-in-a-divorce-case/

How Is Child Support And Spousal Maintenance Calculated In Any Divorce Case In New York?

Learn here:

https://divorceguruny.com/how-is-child-support-and-spousal-maintenance-calculated-in-any-divorce-case-in-new-york/

How Are Marital Assets And Debts Divided In A High Asset Divorce Case If You’re Going Through A Mediation Process? How Are Marital Assets And Debts Divided If One Or Both Spouses Decline Mediation?

Learn here:

https://divorceguruny.com/matrimonial-litigation/

Pension And Qdro – There are basically two types of retirement plans, true pensions (also known as ‘defined benefit’ plans……..those plans that actually define the monthly benefit to be paid to the plan participant upon retirement), and defined contribution plans (commonly known as a 401k, 403B, 457B and IRA). These defined contribution plans are more similar to bank accounts, and typically require a direct contribution from the participant’s earned income. Pensions used to be quite prevalent in the old world of corporate America, get and keep the same job for 30 years, however, with the exception of civil service or the Long Island Rail Road, pensions are a rarity in the current economic climate.

Learn more:

https://divorceguruny.com/pension-and-qdro/

Do I Need To File For Custody In Court?

Certainly not before talking to your spouse in a really hard conversation.

Then, not until you try to mediate it The court system is the last thing you want to engage when issues of your children arise. As parents, work it out. Don’t let someone in a black robe make decisions for you. Don’t force your children to be examined by a lawyer appointed for them by the Court. Don’t take whatever bit of civility there might exist between you and your spouse and ruin even that.

Learn here:

https://divorceguruny.com/

Can I Stay On My Husband’s (Or Wife’s) Health Insurance?

Learn here:

https://divorceguruny.com/

Family Law | Divorce Lawyers Attorneys in NYC | The Law Offices of Alan L. Finkel Divorce is an extremely difficult, highly stressful time, full of emotional upheaval and confusion for both of the spouses who are involved and their children.