18 May, 2018

Beware the Trojan Horse

By | May 18th, 2018|Collaborative Divorce, Divorce Finances|

During negotiations, people oftentimes have a hierarchy of what's important to them. As a divorce attorney, you have to coach your clients to be wary of what they want versus what the other spouse wants to give them, because almost every scenario has its benefits and pitfalls. Consider these various potential Trojan Horses: Houses: Getting the house in a settlement is typically a big issue. Often, the spouse that wants the home perceives it as a security blanket because someone else had (more...)

27 Feb, 2018

Guilty Until Proven Innocent

By | February 27th, 2018|Divorce Finances, Divorce Mediation Process|

The traditional “innocent until proven guilty” is often reversed in matrimonial cases. One side is intent on presenting the other side as some sort of shady character in order to gain an advantage. A lot of times, it’s used as a strategy, but the party making these accusations typically believes what they're saying. For example: Foreigners: Where parties are foreigners, there's the notion that what happens in their country of origin is not discoverable or discoverable with great cost and difficulty. A (more...)

24 Oct, 2017

When Love and Marriage Don’t Go Together like a Horse and Carriage….What’s Left?

By | October 24th, 2017|Divorce Finances, Separation Agreements|

Marriage is inherently deemed an economic partnership, according to the law, and upon its dissolution, the accumulated assets and interests are to be distributed on the basis of the economic needs and circumstances of the parties. Equitable distribution in New York is fact specific, and not a 50/50 split, like it is in the community property states, such as California, Arizona, Nevada, and Alaska. (There are 9 community property states in total.) Much is left to judicial discretion in this neck of (more...)

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