In divorce and custody cases, on Long Island and elsewhere, too often the litigation is merit less and frivolous just to accumulate billings for the lawyer, and/or bitter emotions to be vented by the client in the hope of vindication or punishing the other client. The courts usually do nothing to put a stop to it. Recently in a Manhattan …
When we go through a divorce, child custody proceeding, and/or a domestic violence case, we should NOT litigate it on social media. Leave all ligation to the lawyers and the courtroom. You’d be surprised how often what you post is printed out and used against people in court. Further, you alienate your own friends and family by doing so. The …
In divorce cases, too many people want to make sure the Judge knows why the marriage failed and that it is the other spouse’s fault. Unless it goes to custody, i.e., drug abuse, alcohol abuse, domestic violence, and so on, the judge does not care because the law does not care. It does not matter that your spouse has been …
In a divorce proceeding, the parties must exchange with each other and file with the court a sworn statement of net worth (snw). This is a document signed under oath setting forth your expenses, income, assets and liabilities. It is a document that you could easily help someone else fill in, yet for some reason, when you have to fill …
To understand equitable distribution, the division of assets and debts acquired during the marriage, one must first understand the two most important terms used: Marital property: all property acquired during the marriage that is not separate property of either spouse. Separate property: all property acquired by either spouse prior to the marriage, acquired by inheritance, or gifted to that party …
In a divorce scenario, once you execute the agreement, it is more often for better or worse than the marriage vows themselves: Too often over the years I have encountered former spouses who executed a settlement or separation agreement only in the hope of their spouse taking him or her back. So he or she gave up the farm, giving …
Divorce is too often litigated on emotions that jack up legal fees beyond what is actually necessary. This is only good for the lawyers, not you or your spouse and especially not for your children. So, when a litigious lawyer who likes to bill it up has a client who feels “scorned” and wants to throw as much trash …
Going through a divorce can be extremely difficult, especially if there are children involved and issues of custody and visitation. However, the key is to always put the children first and keep their best interests in mind. Spouses should discuss and agree on how to make it easier for their children during the process and afterwards possibly even utilizing professionals …
Too many litigants want to play tit for tat in their divorce case, do NOT play that game, here’s why: In the discovery phase of pre trial litigation of a divorce or support matter, too often a client’s says: “I refuse to produce financial documents until the other side does. Well, if the other side is saying the same thing, …
The symbols of the American court system are the scales of justice. As such, people mistakenly believe that truth and justice are the pillars of this hallowed structure. However, I am here to tell you that truth and justice, as you understand them, only exist in superhero comic books. It does not exist in real life. One person’s justice is …
