Accuracy is very important. If someone says that they have a particular piece of property and it turns out they do not actually own that property or vice versa, the court can find they lied and award the non-titled spouse more assets or maintenance. In terms of income, the question of what is considered income can cause many inaccuracies. A…Read More
There is, generally speaking, a statute of limitations based on fraud. It usually runs from when the fraud is actually discovered. In New York State, it is 2 years from when the fraud is discovered (or could have been discovered “with reasonable diligence”). What Are The Penalties If It Is Found That Someone Has Hidden Assets Deliberately In A Divorce…Read More
In the state of New York, divorce cases are presumptively confidential, which means that parties’ names generally cannot be searched online to find court documents. With that being said, if someone has celebrity status or is concerned about the public’s ability to search the court system website by their name to come up with any lawsuits, that person can file…Read More
No – in New York State, all divorce cases are confidential in nature, so whether your case goes to trial or stays pre-trial, everything is protected from public disclosure (though parties names themselves may be reflected in the “E-Courts” system). In theory, if a member of the press somehow got wind of the divorce filing, they do have the ability…Read More
You should absolutely have any prenuptial or postnuptial agreement reviewed by an attorney. Yesterday, I had a client come into my office with a postnuptial agreement he and his partner had gotten off some online website. Agreements such as this are most likely unenforceable. Among many other issues, the client’s online agreement did not contain a “certificate of acknowledgement,” which…Read More
If one spouse is working, and the other spouse is not, that would usually mean the working spouse is considered the “monied-spouse” – but it depends on the amount that spouse makes. The court generally analyzes the amount the ‘monied-spouse’ makes, how much the attorneys are charging and how much money would be contributed to the less-monied spouse. It does not matter…Read More
Virtually any type of order can be modified in one way or another. Typical family court orders are orders of custody, visitation, child support and spousal support (otherwise known as spousal maintenance or Alimony). Those are the typical types of orders that will be modified. Moreover, the terms of an order of protection can be modified. Very rarely will you…Read More
Our law office is still open for business but my staff and I are almost exclusively working from home. My office was ahead of the game in that we already had our entire practice on the cloud. That makes it very easy to transition to a home office setting and continue to be up and running as if we were…Read More
You should definitely have an in-person consultation with a potential attorney. That’s my standard operating procedure. There are certain subjective qualifications that you are going to get. You can read online about the attorney. How many years have they been in practice? You can also email them and ask about the number of high net worth cases that they have…Read More
There is nothing wrong with taking suggestions from friends and family when hiring a high net worth divorce attorney as long as they’re good suggestions. The questions should remain the same even though a friend or family member suggests an attorney. You have to ask that attorney: Do you specialize in divorce law and family law? What is your caseload…Read More
