Preliminary Conference: What Is It?
Divorce has become a common occurrence in the U.S. and other parts of the world. But sometimes a divorce process can be stressful and time-consuming.
If you receive a notification about a preliminary conference, then you know that your spouse has initiating the process of having your divorce case go through the court system. One of the factors that determine the duration of a divorce case is the Divorce Law Garden City NY firm you have hired.
A look at the divorce process
The divorce process officially begins after one spouse files a Summons in an Action for Divorce and serves it properly to the other spouse. The deadline for the defendant spouse to appear is twenty (20) days.
After being served with the Summons, if a spouse doesn’t respond within the required time period, he or she risks facing a default judgment, wherein the initiating spouse could possibly obtain a “wish list” of requested relief.
Whereas some couples decide to negotiate and reach an agreement without having to go to court, other face what appear to be insurmountable obstacles at the time, and feel they have no choice but to seek judicial relief.
What is a preliminary conference?
A preliminary conference refers to a meeting between the divorce attorneys for both sides of the divorce case and a judge assigned to the case. Since COVID-19 19 protocols have been put into effect in the Court systems, all preliminary conferences have been held virtually. In Nassau County, in particular, the conferences are held via Microsoft Teams.
How should you prepare for a preliminary conference?
It is difficult to prepare for a preliminary conference, because it often occurs at the onset of litigation, when information is not readily available about your spouse’s finances. However, you will need to work with your attorney to complete a Unified Form which your spouse must also complete prior to the preliminary conference. The Unified Form will require basic background information for both parties, and time limits for disclosure of assets. You should also meet with your Garden City divorce lawyer and provide him or her with enough financial information to complete your Statement of Net Worth prior to the preliminary conference. In this way you and your attorney can anticipate and respond to your spouse’s request for information and or judicial relief, and can have a better idea of your requests will be.
What should you expect at a preliminary conference?
The purpose of the preliminary conference is to identify issues, the need for outside experts, such as appraisers and or forensic evaluations, provide for interim relief, if necessary, and establish discovery deadlines. During a preliminary conference, the attorneys for both spouses have a chance to present and resolve any pending issues in the case. The court will review the form prepared and signed by the parties and their attorneys, and give an additional date for the parties to complete their discovery. By the time the preliminary conference comes to an end, you will definitely have an idea as to how long the entire process will take.
Who is allowed to attend the preliminary conference?
All of you will be required to attend the preliminary conference. It is always best to meet with your Garden City divorce attorney beforehand to prepare and make sure that you are on the same page during the conference.
Working with your lawyer
A divorce process can be stressful and protracted if there is no proper planning and preparation. It is always good to hire an experienced divorce lawyer from Fass & Greenberg to make the process smooth and seamless.
Divorce is painful and it can be costly. If your marriage is at an end, divorce is the only way for you and your spouse to move forward. It is best to get through the process as quickly and painlessly as possible, and there are options for doing so.
Mediation is a speedy and less expensive way to come to a divorce settlement. This is a good option for two individuals who are amicable in their general relations and have both decided that divorce is the best path forward. You will avoid litigation and months of haggling over money and property. Mediation may seem attractive to a spouse looking for a less costly alternative to litigation, but it will not be effective if one or both spouses are unable to remain civil during the sessions. There are some lay people, i.e., social worker, psychologists, and or paralegals who conduct mediations, but it is preferable to hire a divorce lawyer Garden City. This is the only way to ensure that divorce law Garden City NY is followed.
The presence of children will usually influence the duration of the divorce process. The courts lean toward shared joint custody regarding decision-making. Only in the most extraordinary circumstances will judges grant one parent single custody. Unless your spouse is a danger to your children, the courts will usually grant physical residence to one parent, with extremely liberal access to the other. Going against the court’s recommendations will lengthen the time it takes to finalize the divorce. The two of you should put great effort into working out a parenting schedule. Otherwise, it will be put into the hands of a judge.
Having substantial assets can also lengthen a divorce proceeding. If you are going through a high net worth divorce, you will need to account for all the money, property, and investments in the marital estate. It may take a while to track all these down, especially if your spouse is trying to hide them. Once you are able to identify all of the marital assets, some may need to be valued. Choosing the right accounting firm to value a business, or real estate appraiser to value property is critical, expensive, and time consuming.
On average, an uncontested divorce usually takes 3 months. A contested divorce can last any time from 9 months to several years. If your divorce is complicated by child custody issues or substantial assets, things can drag on even longer. To get the best outcome in the most efficient and cost effective manner, you should contact the Garden City divorce attorneys at Fass & Greenberg.
In the past, New York divorce law required that a litigant establish a reason (“grounds”) for seeking a divorce. Adultery, domestic violence, abandonment, imprisonment for three or more years, and living apart for one year as a part of a separation agreement were the only grounds for divorce. This prevented a litigant from obtaining a divorce if the only reason was that the parties just did not get along. As a result, people were forced to perjure themselves, or agree to an unfair financial settlement if they wanted a divorce. In October 2010, New York enacted no-fault divorce. Now, you only need to state that a marriage has been irretrievably broken for six months or more to establish grounds.
What You Need to Know About Getting a No-Fault Divorce
You need to consult with a divorce lawyer Garden City if you are interested in getting a non-fault divorce. Even though you don’t have to cite a specific reason for getting a divorce, you still need to reach an agreement on finances in order for the court to grant the divorce. This protects the “non-tilted” spouse from being financially abandoned.
There are also residency requirements that have to be met. You and your spouse must have lived in the state of New York for at least one year prior to filing for divorce.
Benefits of Getting a No-Fault Divorce
No-fault divorce can prevent you and your spouse from needing to have a long drawn out court battle. No one will have to argue about who is to blame for the breakdown of the marriage. This will be easier for everyone.
It is important to note that there are some downsides. No-fault divorces are often filed by one person who is not happy in their marriage. The person contesting the divorce has no leverage if they want the marriage to continue. However, they are protected financially because the court will not grant the divorce absent a property settlement
Why You Need Fass & Greenberg
Even if you are seeking a no-fault divorce, it can still take a toll on you. Garden City divorce attorneys can help you get through a divorce. They will give you the legal guidance that you need to get through this process.
If you have already spoken to a divorce lawyer in Garden City, then you may be wondering how and when you need to break the news to your children. Studies have shown that most parents only spend 10 minutes talking to their children about divorce. You need to spend more time than that. Here is a list of things that you should tell your children.
Tell Them at the Right Time
You don’t want to wait several weeks to tell your children about the divorce. However, you also don’t want to break the news too soon. Telling the children too early or too soon can cause them unnecessary stress. It is best to tell your children two or three weeks before everything is set to happen. This will give them enough time to emotionally prepare.
Have a Plan
You should formulate a plan before you tell your children. The kind of details that you reveal about your case will depend on your children’s ages and maturity levels. You should tell your children the basics, such as who will be living with them in the home and how their day-to-day life is going to change.
Reassure your children that they are loved, and everything is going to be alright. You should also encourage your children to express their feelings.
Choose Your Words Wisely
Most important, you should make sure that the children know that this is not their fault. You should also let them know that they still have a family. Additionally, you will need to let your children know that the divorce was not an impulsive decision. It is always a good idea to consult a therapist who concentrates in family matters on these issues. Your Garden City divorce attorneys, along with a family therapist, can work together to help you determine what you should say.
Call Fass & Greenberg
Divorce law in New York State can be quite complicated. Issues like child support and child custody can make divorces even more complicated. That is why you need a divorce attorney to help you understand and work towards resolution.
Going through a divorce is a painful and difficult process. It can cause a great deal of stress, and at times you may feel overwhelmed by the ordeal. However, it is important to keep your head straight and to look after your financial and personal interests. Hiring a New York Garden City divorce lawyer can assist you in the process.
New York is an equitable distribution state. This means that the court will not simply divide marital property 50/50. The law aims to distribute property between spouses in a way that is fair and reasonable in accordance with the particular facts of each case. Judges consider many factors before making their decision. Among the more significant factors the court will look at are the length of the marriage, the age and health of the parties, the present and or future earning capacity of the parties, the presence of children, the direct and or indirect contributions of a spouse to the acquisition of property, tax consequences, and the wasteful dissipation of assets by a spouse.
It is always preferable to exercise your option of negotiating a settlement on your own. Sitting down with your respective lawyers and deciding how your assets are to be divided, if possible, is usually less costly and always less risky than asking a judge to decide for you. Going to court is the last resort, and only encouraged when your spouse is unreasonable.
Before making a decision, the judge will need to know what property was acquired after the marriage and what you each brought to the marriage. The assets you owned before you were married are not subject to division, provided they retain their separate character during the marriage and are not comingled. The only exceptions are assets that increased in value since the marriage due to the contributions of either spouse. For example, if your ex owned a company before you married and you made considerable contributions to its growth and expansion, then you can claim an interest in the business. The best way to ensure that you get your fair share of the marriage assets is to hire a divorce lawyer Garden City. Speaking to Garden City divorce attorneys at Fass & Greenberg will help you preserve your interests and protect your rights.
After a divorce has been finalized and assets have been distributed, most divorcees tend to think that that is the end of property disputes. Later on, when one of the divorcees passes on, life insurance disputes are likely to crop up. If you have been battling with the question of whether you can receive life insurance benefits from your former spouse, it is important that you seek further clarification on Divorce Law Garden City NY from experienced Garden City divorce attorneys.
Various considerations need to be made before a decision on who receives life insurance is arrived at. Factors like the state of issuance of the policy, type of policy, state of residence of the former spouses, and the divorce decree contents form part of the primary considerations when determining whether you can receive the sought benefits from your former space. Working with our divorce lawyer garden city, can help you gain insights into the state laws applicable in New York.
How does the type of insurance policy affect who receives the life insurance benefits?
Different life insurance policies have laws that control how benefits are disbursed and who receives the benefits. Therefore, even with a decree directing that a specific person receives insurance benefits, the laws controlling the insurance policies might override the decree. For example, where the policy is held is a Service members’ Group Life Insurance, which is governed by federal law, the person who receives the insurance benefits will be per the named beneficiaries in the policy and not the beneficiaries named in the decree. Therefore if your former spouse names you as their beneficiary in the said policy, you will be entitled to their life insurance benefits.
However, the case is different when it comes to ERISA policies because if the contents of the decree reflect a qualified domestic relations order as per the ERISA guidelines, then the beneficiaries in the decree override those named in the policy. The complexities of laws governing various policies can be challenging if you choose to pursue compensation without legal help. Our Family Lawyer Garden City NY from the law office of Fass & Greenberg can help you understand the various laws and subsequently offer guidance on how to pursue your case.
What happens where the deceased remarried?
States like New York have enacted laws that automatically strike out a former spouse’s name as a beneficiary from the life insurance policy upon a divorce. Life insurance policies remain some of the neglected assets during a divorce; hence, most people fail to update them upon divorce. Therefore, such laws that revoke a former spouse from the policy help reduce conflicts, especially where the deceased remarried after a divorce. Insurance companies often make a payout to a secondary beneficiary if there is one named in the policy. In the absence of one, the insurance company will pay the benefits per table of precedence on next of kin.
Can I still claim my beneficiary rights in New York despite State laws disqualifying them?
The answer to this question is ‘it depends.’ Therefore, there are exceptions to the state laws allowing a former spouse to pursue a compensation claim still. Our Garden City Lawyers have an extensive understanding of the exceptions to state laws, and they can help you lodge a successful claim. If the deceased held a life insurance policy governed by federal laws, you could lodge a successful claim because federal laws on policies override divorce decrees. Also, where there is an agreement between you and your former spouse directing that your name be maintained in the life insurance policy, with the guidance of our Garden city divorce lawyers, you can lodge a successful compensation claim.
After a divorce, most people are left feeling either one of two ways. They either have a fresh look on life, or they feel empty. The former group feels ready to start their life without the weight of something negative that was previously weighing them down. The second group of people tend to dwell on the fact that a big piece of their life is now just gone. They can feel like failures, like they’re making a mistake, and like they’ll never love again. If you’re in that second group, you need to know that the best is yet to come. Here are some secrets to achieving a positive post-divorce life.
Dealing with The Stress of a Divorce
Dealing with a divorce is going to be stressful at times. You know what’s more stressful? Living in a situation that isn’t working each and every day. In the long run, a divorce is going to take away so much stress and negativity. That’s what you need to focus on. When the days are hard, you need to think of the big picture. Although your world may feel like it’s crumbling now, in the weeks, months, and years to come, you will be the happiest you’ve been.
Lean on Others When You Need Help
You don’t have to be strong in the days, weeks, and even months following a divorce. Your friends and family love you, will support you, and will be there for you during this process. That’s why it’s crucial to use them as a resource. Seek out others who have been divorced before who can show you that everything is okay in the long run. If you feel like you don’t have anyone close to reach out too, there are alternatives. You can seek out the help of professionals, support groups with those going through something similar, or a chatroom online. Someone is always around to listen.
No Better Time to Start Something New
Sometimes the best way to get your mind off of a divorce is by giving it something else to focus on. There is no better time to start a new hobby, workout regime, home improvement project, you name it. Find something that you can immerse yourself into so that you forget about everything else going on. Find something that becomes your new passion. When you find that, you’ve found a new reason to wake up and get going in the morning. This will also help you really learn about yourself which will come in handy in the next relationship.
Find A Good Lawyer to Alleviate Stress
A good lawyer is just what you need to get through the divorce process quickly, fairly, and with as little stress as possible. When looking at divorce lawyer Garden City suggestions, find someone who is passionate about getting you what you deserve. You want to look at Garden City divorce attorneys and find the one who will walk you through every step of this process. If you’re searching for Family Lawyer Garden City NY, consider Fass & Greenberg. They’re compassionate, professional, knowledgeable, and experienced. They’re on your side.
Spending time with your children is something that most parents value. When parents are divorced or separated, it is necessary to have a parenting custody plan to avoid conflict and disagreement. By having a clear parenting plan, you will be able to plan for the future and avoid confusion. For assistance with parenting custody plans during the holiday season, contact a Divorce lawyer in Garden City.
How to prepare a parenting custody plan for the holiday season
Preparing a holiday parenting plan should be a priority for all divorced and separated parents. When preparing a holiday parenting plan, both parents will need to co-parent and keep the children’s best interest in mind. If parents are able to effectively communicate and co-parent without a conflict, a parenting plan can be developed jointly and through an agreement. If an agreement is reached, it should be memorialized in writing, so both parents understand the plan.
If parents cannot agree, then a holiday parenting plan can be pursued through the court. A court can issue a custody order which sets forth the specific terms of the plan. Because this is a court order, it is legally enforceable and there can be consequences if one parent does not follow the plan.
In most custody situations, a holiday parenting plan will allow the parents meaningful time with the children on certain holidays. The schedule could include alternating specific holidays each year, allowing each parent time on specific holidays, and otherwise guaranteeing that the parents and children know where they will be for each holiday. The specific holiday schedule will depend upon your situation and what will work best under the circumstances.
Which holidays should be included in a holiday parenting plan?
The specific holidays to include in your holiday plan will depend upon your situation. If there are holidays that you have traditionally celebrated as a family, then they should be addressed. If there are holidays that are recognized nationally, but have had little importance to you, then it may not be necessary to address.
Holidays which have extended time off from school, such as Thanksgiving and Christmas, typically will need to be addressed. You may need to specify when the holiday visitation begins and when it ends. The Christmas holiday may need to address how the school break will be divided and if there will be a deviation from your typical custody schedule.
Your parenting plan may also need to specify other notable events, such as spring break and summer vacation periods. Holidays which are included should have specific beginning and ending dates and times, so as to avoid any confusion or conflict.
How can an attorney help with holiday parenting time issues?
Garden City lawyers can help you prepare and enforce a parenting plan. An experienced Family Lawyer Garden City NY will be able to develop a holiday parenting plan which addresses your situation and any specific concerns that you have. A divorce lawyer garden city can also provide legal advice to help you respond to questions that arise.
If you have a parenting plan or agreement that the other parent is not following, then our Garden City divorce attorneys can help you pursue the available remedies. Our experience with Divorce Law Garden City NY will help you know what to expect and what to do. We will help you understand your rights and what options are recommended.
If you need assistance with a holiday parenting plan or just have questions, please contact Fass & Greenberg. We strive to help our clients find solutions to their questions. We will provide legal advice that is specific to your situation. Contact us to schedule a consultation.
Contrary to popular belief, student loans are one of the more complex items to deal with when divorce proceedings are underway. Most of the rules affecting responsibility for student loan debt will differ from state to state, so it is best to employ the services of a Garden City divorce lawyer to help you navigate this journey.
When a divorce is underway, the judge will look to split the marital property according to the exact laws of the particular state you live in. If you live in a state where community property is the rule of law, you can expect the judge will consider both spouses to own everything acquired during the marriage, both assets and debts, and split equally. In a state where equitable distribution is the rule of law, such as New York, it can get a bit more complicated as each spouse has an equitable claim to assets, and the liability for debts is not always equal. The judge will have to decide an appropriate allocation of assets and debts that is fair to both parties.
If the student debt acquired by both spouses is a relatively equal amount, it is easier to handle. The judge will simply rule that each party is responsible for their own student debt and leave it at that. Luckily, depending on what side of the fence you are on, if the debt was taken out before marriage, that debt is owned by the party who actually took out the loan. This can be very easy to prove when employing the services of Garden City divorce attorneys.
If the student loan was taken out after the marriage took place, it can be a bit more difficult to garner a steadfast rule. However, again, this all depends on the state in which the couple lives. By hiring a legal firm such as Fass & Greenberg, it will be much easier to navigate this journey.
Divorce forces parting spouses to address a significant number of important personal, financial and legal matters. When the owner of a company or organization divorces, their business interests might be impacted by the divorce. The individual will not lose their business or face, but may be subject to a forensic evaluation, which may or may not ascribe an unrealistic value to a nontangible and sometimes non-transferable asset. If not careful, said individual might lose a significant percentage of the marital estate.
Fass & Greenberg, Garden City divorce attorneys, invite New York business owners who might be considering separation read this blog highlighting important considerations such individuals should offer during this time, specific safeguards they can employ that could potentially protect their interests and how a divorce lawyer Garden City may be able to help them reach this goal.
Important Considerations
There are circumstances in which one’s business holdings could be divided in accordance with New York State divorce laws. New York mandates that a couple must work out some type of property division arrangement or have marital property split in accordance with a civil principle known as equitable distribution.
Marital assets are the entirety of the property the couple accumulated during their married life. If the business was started after the spouses wedded, both parties could be entitled to a certain percentage of the entity’s estimated value.
Moreover, someone who started and established a successful business prior to getting married is not necessarily in the clear. If the entity grew in value during the marriage’s duration, the non-owning spouse may be entitled to a percentage of those assets.
The discussion of how businesses are impacted by divorce can be complicated and somewhat confusing. Therefore, Long Island business owners are urged to consult with a family lawyer Garden City NY before making any pertinent decisions.
Safeguards Business Owners Can Employ
Fortunately, there are several actions business owners can take that might protect their company holdings from division during the divorce process, including:
Prenuptial or Postnuptial Agreements
Pre and postnuptial agreements are court-accepted documents dictating specific contingencies regarding how a couple’s financial or legal affairs will be handled once they wed or possibly certain mandates dictating the major duties each spouse will bear responsibility for during their married life. As their monikers might indicate, prenuptial contracts are arranged prior to a couple marrying and postnuptial arrangements are established following their wedding.
Garden city lawyers firmly suggest business owners adopt pre or postnuptial agreements containing provisions keeping the business and associated assets apart from marital property. If this mandate is placed in writing and agreed to by the proprietor’s future or current spouse, the latter would be prohibited from collecting any amount of the entity’s assets in the event of a divorce.
Avoid Mixing Family and Business
Many people have heard this hackneyed phrase on numerous occasions. However, said advice rings true regarding protecting one’s business from the hazards of divorce. One simple bit of wisdom legal experts impart to business proprietors is to not employ their spouse in the organization and to never use marital funds for any business-related purposes. Such actions might be harsh but could save the owner a great deal of time, money, frustration and pain over the long haul.
Form A Trust or Corporation
Placing the business in question into a trust or incorporating said entity establishes it as a separate asset. However, owners must be careful not to invest any marital property into said trust or corporation.
Pay Spouse Off
Unless the business can be physically divided (if, for example, there are two stores and each spouse is awarded one), the non-titled spouse is given an “equitable share”, which means a “pay-out”. Unlike other marital assets, such as a bank account, or a pension, such awards are almost never calculated on a 50/50 basis. Unless the non-titled spouse made direct contributions to the business, their share is generally limited to 12-20% of the appraised value.
Contacting Us
Divorce law Garden City NY pertaining to dividing business assets cover significant ground and may be difficult to comprehend. Therefore, Long Island business owners contemplating this life-changing event are encouraged to contact Fass & Greenberg. We can help a client identify all pertinent issues, understand the law, establish their assets and might be able to help them maintain the businesses they worked hard to create and expand. For more information about us, please visit https://fglaw.net/.
