Amidst all of the emotions that a divorce case brings to the forefront, there are certain details that need to be respected.  One of these details is often met with hesitation.  That would be compulsory financial disclosure required by New York Domestic Relations Law.  Clients seem to be very curious as to how far they can push this requirement without complying.  It need only be said that failure to comply with required financial disclosure can result in penalties under CPLR §3126.  Such penalties can result in having equitable distribution issues resolved in favor of the other party; the Court prohibiting you from being allowed to introduce certain relevant financial evidence necessary to support your case; or even dismissal.  Although it can be tedious to complete the disclosure paperwork, it is still better than losing your share of the marital assets for failing to comply.  If you have any questions regarding this matter or need assistance with a divorce in general, please call 516-858-2620 to speak to a Divorce Attorney today!

 

Separation Agreements

On December 6, 2011, in Divorce, Family Law, by John A. Weber IV, ESQ.

Separation Agreements

Separation Agreements need to be artfully drafted.  Each sentence should be carefully selected.  There are certain errors or omissions that can be fatal to the document’s survival.  It is highly recommended that these types of agreements are drafted by or at least reviewed by an attorney.  The risk of not doing so, regardless of the cost, is too great.  In the last couple of days, we have seen an increased number of clients who have attempted to draft their own agreements and have come to our firm to fix them.  This ends up costing more money in the long run.

We are aware that there are certain online programs that can assist you in drafting these agreements thru a data entry interface.  These programs are very general and not capable of adjusting to the unique intricacies of your particular situation.   Although these interfaces may be capable of pumping out a Separation Agreement in minutes, the quality is certainly declined.  The validity and effectiveness of the resulting agreement is going to be questionable at best.

I understand that the economy is currently struggling and funds are hard to come by.  We see it here just like every other type of business.   There are certain things that need to be done correctly however.   Taking shortcuts will only result in a longer and more expensive road later.  So if you feel that a Separation Agreement is important to you and you would like to feel comfortable that the terms will hold up in the event that they are ever challenged; then you should seek the assistance of an attorney to draft it for you.  As always, if you have any questions about Separation Agreements or Divorce in general please call (516) 858-2620 to speak with a Family Law Attorney!

Divorce vs. Separation Agreement

On December 5, 2011, in Divorce, Family Law, by John A. Weber IV, ESQ.

Divorce vs. Separation Agreement

The difficult decision between divorce vs. separation agreement is not easy to make.  Many people who are interested in terminating their marital relationship are unclear about the method of doing so.  They ponder whether or not they should file for divorce or simply discuss a separation agreement with their spouse.  The truth is that each case is different and what may be the best thing for you may not be the best thing for someone else.  This is because some couples have severe communication difficulties which makes it nearly impossible to negotiate a separation agreement.  Hiring legal counsel to negotiate these agreements may help to resolve important issues more expeditiously.  Attorneys may not always be able to help the couple work out their issues however.  In these cases, filing for divorce may be the only realistic way of terminating a marriage.  As always, you should consult with an attorney to discuss your options in detail before making any decision on which method of matrimonial termination is best for you.

Long Island Divorce Attorneys

If you are unsure about how to terminate your marriage and you have questions, please feel free to contact us today to speak with a family lawyer at (516) 858-2620!

New York Uncontested Divorce

On July 21, 2011, in Divorce, Family Law, by John A. Weber IV, ESQ.

Uncontested Divorce

In the past few months we have received a lot of phone calls from people who either attempted to file their own uncontested divorce or hired the cheapest attorney they could find to file their uncontested divorce for them.  Unfortunately, these folks have found out the hard way, that mistakes in the paperwork or the filings of these uncontested types of divorce can lead to serious delays and stress.  Although an uncontested divorce is not as technically challenging as a contested divorce may be, it should still be taken seriously.  An uncontested divorce controls the manner in which a marriage is dissolved.  Issues of child custody, child support, maintenance, and property distribution are all at stake when these divorce papers are prepared and filed.  It is very important that you find a competent professional to prepare and file your divorce.  Saving several months time and a lot of money that it takes to fix mistakes in the divorce process is well worth the slightly higher cost that you may pay.  As always, if you have any questions or concerns, feel free to contact the Law Firm of Vaughn, Weber & Prakope, PLLC at (516) 858-2620!

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