Brooklyn Divorce Lawyer and Family Attorney - Solomos & Storms, PLLC

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 What Makes a Good Divorce Attorney in Brooklyn?

If you are getting divorced in Brooklyn, NY, it it critical to select the right divorce attorney.  You will want an attorney who:

i) is experienced in both matrimonial law and family law, 

ii) has business litigation experience,

iii) has trial experience,

iv) has appellate court experience.

Divorce cases can be complex and require an attorney to have a sound understanding of business litigation.  This is particularly true when a spouse owns a business.  Often times, a spouse will attempt to underreport income in an effort to reduce a settlement.  You want an attorney who understands business financials and can determine if a spouse is hiding assets or income.

What Happens in a Brooklyn Divorce Case?

Divorce court is where couples go to terminate their marriage.  A Judge will determine what property is Marital Property and how the property should be distributed in a process called Equitable Distribution.

Brooklyn Divorce Lawyers have substantial experience with divorce cases involving Marital Property that must be distributed during the divorce.

What Type of Property is Subject to Equitable Distribution in a Divorce?

Equitable Distribution Brooklyn Divorce
The Marital Home May Be Subject to Equitable Distribution.

All property that is deemed Marital Property by the court will be subject to Equitable Distribution.  In sum cases, there may be a dispute regarding whether or not an asset is Marital Property, such as property acquired after the parties were separated.  Generally, property purchased prior to the marriage will be considered Separate Property and not subject to Equitable Distribution.  However, appreciation in the value of  property may be subject to Equitable Distribution, even if the property was acquired prior to the marriage.  The court will need to make a ruling on the matter if there is a dispute between the parties.

In addition, gifts, inheritances, and personal injury awards are deemed Separate Property. 

A motorcycle that you inherited would be Separate Property.

Do I have to Continue Paying a Car Lease or Mortgage During the Divorce?

Yes, you are required to continue paying for car leases, mortgage payments, health insurance and other items during the divorce.  When the divorce is filed Automatic Orders require that both spouses continue paying for assets until the divorce is finalized. 

Health insurance during divorce
Health Insurance Must Be Maintained During the Divorce.

Can My Spouse Take a Share of My Retirement?

divorce and retirement accounts
Your Spouse Will Be Entitled to a Portion of Your Retirement Acquired During the Marriage.

In most cases your spouse will be entitled to half of your retirement and pension account contributions that you made during the marriage — up to the point that the divorce was filed.  Filing for divorce serves as a cutoff, and any contributions made after are not subject to Equitable Distribution. 

Are Appraisals Required in a Divorce Case?

Appraisal Divorce
An Appraisal May Be Required to Value Marital Property.

An appraiser may be required to appraise certain Marital Property prior to Equitable Distribution, such as property, vehicles, boats, and other assets.

How do Settlement Agreements Work?

A Settlement Agreement Can Save Time and Money in a Divorce.

In many instances a Settlement Agreement can save the parties substantial time and money in a divorce case.  The reason is that the parties resolve the issues on their own and do not have to attend hearings and have the Judge determine the issue. 

What is a Divorce Trial Like?

Divorce Trial Brooklyn


If your case does not settle, the parties will go to trial.  At trial evidence and witnesses are presented to prove disputed issues.  Such as child custody disputes, income disputes, request for maintenance (“alimony”), and other matters.


 

Solomos and Storms, PLLC

📍 : 33-08 Broadway, Queens, NY 11106

📞 : (718) 278 - 5900

📧 : jimmy@solomosstorms.com

🌎 : https://solomosstorms.com/

🕘 :  Mon. - Fri. 9 am - 5 pm

Location: 33-08 Broadway, Queens, NY 11106, USA

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