How a Zealous Manhattan Divorce Lawyer Can Help Your Family
Going through a divorce can be a tumultous experience with little reprieve, especially if your dissolution of marriage becomes contentious and/or you and your spouse share children or a business together. Here’s what to know about New York family law and how a divorce attorney in Manhattan can help you zealously advocate for your best interests and those of your loved ones.
What You Should Know About Getting a New York Divorce
Understanding the basics of New York divorce law is key to setting the stage for a successful outcome in your family legal case. However, divorce and family legal matters can be complex and emotionally charged. Getting help from a seasoned divorce lawyer in Manhattan is crucial to increasing the odds of a favorable outcome.
Equitable Distribution of Marital Property
Under New York family law, marital property must be distributed equitably between two spouses when they get a divorce. Contrary to popular belief, equitably does not necessarily mean equally. First, you’ll need to determine what property is separate and belongs to each individual spouse if any, and then what assets are subject to equitable distribution laws.
For example, instead of selling the marital home and splitting the profits equally, equitable distribution may mean that one spouse takes the marital home and the other is compensated with assets or cash of similar value. This tends to happen often when one parent is awarded primary custody of the couple’s children and it’s considered in the best interests of them to stay in the home.
What If You Own a Business With Your Spouse?
Owning a business with your spouse can make your Manhattan dissolution of marriage exponentially more difficult, expensive, and time consuming. Generally, you have two options:
- Liquidate your business and divide the assets between you and your spouse
- One spouse buys the other spouse’s shares in the business and becomes its sole owner
Which is the best option is different for every divorce case. If both spouses agree on what to do with the business, this can typically be resolved through mediation. However, if neither of you want to liquidate the business or sell your shares, you will likely need to pursue litigation where a judge will make the decision for you.
What If Your Divorce Has a High Net Worth?
If you’re going through a high net worth divorce, it’s even more critical that you work with a seasoned divorce attorney in New York. Often, high net worth divorces proceed to litigation because there’s so much at stake. Whether you’re the higher or lower earning spouse, Attorney Opinsky can provide you with zealous, comprehensive legal support and advocacy.
There are only two types of alimony or spousal support in the State of New York: temporary alimony that is awarded while the divorce proceedings take place and then post-divorce spousal maintenance. Post-divorce maintenance can be ordered for any length of time, however, it is very rarely permanent. It’s intended to help the lesser earning spouse pay for living expenses while they gain new work skills, get a job, or find other ways to live independently and generate an income.
If you share children with your spouse, this can add time, expense, and heartache to an already challenging divorce. Working with a divorce lawyer in New York when you’re a parent dissolving your marriage is absolutely crucial to protecting the best interests of your children throughout the divorce process.
If you and your spouse disagree on one or more issues relating to the dissolution of your marriage, you may need to seek divorce litigation. Instead of you and your spouse making compromises and reaching an agreement on things like child custody or alimony, a judge will make the decision for you. Although divorce litigation can tend to be more stressful, expensive, and time consuming than options like mediation, it may be in your best interests to fight for the best possible outcome.
Tips for Working With a Manhattan, NY Divorce Attorney
When you hire a Manhattan, NY law firm, you want to make the most of your time and money. Here’s how:
- Prepare a list of questions for your attorney prior to your initial consultation. Most family lawyers charge by the hour, meaning their time is your money. You can make the most of your consultation (and any subsequent meetings) by making a list of questions and/or concerns that you have before your appointment. Then, you can use this list to stay on track with the topics that are most important to you.
- Be prepared to make some concessions. Most divorces require some degree of compromise; both you and your spouse should be prepared to make concessions about what you want out of the divorce. Identify the most important issues that you absolutely do not want to budge on, like child custody, as well as the least important issues. You can use the latter as bargaining chips without having to put the things you’re most concerned about on the line.
- Gather any pertinent documentation beforehand. Ask your New York divorce attorney what documentation you should bring to your initial consultation. Your lawyer may ask you to bring a copy of your prenuptial agreement, your marriage certificate, bank account statements, business ledgers, and other critical financial records. Collecting these ahead of time can help save time and stress for both you and your lawyer.
- Identify and communicate your goals. When you work with a divorce lawyer in Manhattan, one of the first things you should do is identify your personal goals and communicate them to your attorney. You and your lawyer should be on the same page about what you want from your divorce from the first day.
Call Experienced Manhattan Family Lawyer Heidi E. Opinsky Today
Don’t hesitate to get support from a veteran Manhattan, NY divorce lawyer. Heidi E. Opinsky has the skills and experience to provide you with zealous, attentive legal advocacy during your dissolution of marriage in New York or other family legal issues.
Contact our Manhattan family law firm today at 203-653-3542.
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