•If your separation later turns into a divorce, the manner in which you have divided your personal property may well be the manner in which that property becomes divided for the purposes of the divorce. That is, it is not unusual for a divorce settlement attorney staten island or judgment to award separated parties the personal property that is in their own possession. If there are important belongings that, for one reason or another, you will leave with your spouse upon separation, you may wish to make specific note in your separation agreement that both you and your spouse intend that property to come to you in the event of divorce.
•If you contract for the division of property in your separation agreement, that contract will likely be binding upon you in the event of divorce. For example, if your separation agreement assigns the marital home to one spouse, and details how the equity will eventually be divided, absent a new agreement by both spouses it is likely that you will be bound by that earlier agreement upon divorce attorney staten island.
•Insurance companies make money when they deny claims. If you are separating for the purpose of maintaining insurance coverage which would terminate upon divorce, check the policy language carefully. Some insurance companies are now including language which will cause coverage to lapse in the event of a legal separation.
•Remember that separated couples remain married to each other. If you expect that you will wish to remarry, you will ultimately have to go to court to obtain a divorce.
•Remember to separate your finances. Ordinarily, the money in a joint bank account belongs to both people named on the account. That is, if you are placing money into the account, your spouse may have a legal right to withdraw all of that money even if you are separated. If your name appears on a lease or mortgage for the residence where your spouse will live, you will remain liable for payments. Similarly, if you continue to share joint credit accounts, including credit cards, or your name appears on any utility bills (phone, gas, electrical, etc.) you will ordinarily be liable for any debt incurred by your spouse even after separation. It is thus wise to separate your finances, and to obtain credit cards and bank accounts in the individual names of each spouse, as part of the separation process.
•Where pensions or government benefits are involved, it makes sense to consult with an accountant in relation to your financial situation as part of a legal separation attorney staten island, so as to make sure that you meet all of the necessary legal requirements to maintain your interest in those benefits
Showing posts with label legal separation attorney. Show all posts
Showing posts with label legal separation attorney. Show all posts
Saturday, March 20, 2010
Why Get a Legal Separation?
Why People Seek Legal Separation attorney staten island
The reasons people ask about separation as opposed to divorce include:
•Religious Concerns - they may have a religious objection to divorce;
•Insurance Concerns - they may wish to ensure that one of the spouses has continued coverage through the other spouse's insurance provider;
•Trial Separation - they may hope that the marriage can be reconciled, but recognize a need to spend some time apart, and desire a formal arrangement to address such issues as child support and custody, spousal support (alimony) and property in the interim;
•Divorce Waiting Periods - they may wish to separate during the period of time their state requires them to wait, prior to the entry of a judgment of divorce attorney staten island;
•Tax Purposes - Sometimes, in a complicated divorce, a wealthy spouse may wish to formalize the spousal support (alimony) at an early stage through a separation agreement, in order to take the associated tax deduction;
•Social Security and Pension Benefits - Sometimes spouses will wish to delay formal divorce attorney staten island until they have been married long enough to quality for certain Social Security or pension benefits. For example, if your interest in certain Social Security or military pension benefits vests after ten years, it is not ordinarily fiscally prudent to divorce from a nine year marriage before you qualify for those vested benefits
The reasons people ask about separation as opposed to divorce include:
•Religious Concerns - they may have a religious objection to divorce;
•Insurance Concerns - they may wish to ensure that one of the spouses has continued coverage through the other spouse's insurance provider;
•Trial Separation - they may hope that the marriage can be reconciled, but recognize a need to spend some time apart, and desire a formal arrangement to address such issues as child support and custody, spousal support (alimony) and property in the interim;
•Divorce Waiting Periods - they may wish to separate during the period of time their state requires them to wait, prior to the entry of a judgment of divorce attorney staten island;
•Tax Purposes - Sometimes, in a complicated divorce, a wealthy spouse may wish to formalize the spousal support (alimony) at an early stage through a separation agreement, in order to take the associated tax deduction;
•Social Security and Pension Benefits - Sometimes spouses will wish to delay formal divorce attorney staten island until they have been married long enough to quality for certain Social Security or pension benefits. For example, if your interest in certain Social Security or military pension benefits vests after ten years, it is not ordinarily fiscally prudent to divorce from a nine year marriage before you qualify for those vested benefits
Legal Separations
Sometimes, when a divorce seems imminent, a married couple inquires about the possibility of "legal separation". Some states refer to legal separation attorney staten island by other names, such as "separate maintenance".
"Separation" versus "Legal Separation"
Usually, when people use the term "legal separation attorney staten island", they are referring to a situation where a court has entered an order governing what will happen while the parties are separated, perhaps covering issues such as child custody and support, and spousal support (alimony).
Typically, a court will have the power to resolve as part of a "legal separation" any and all issues that would normally be resolved in a divorce. The exception is that when the final order is entered by the court, the parties remain married.
Also, most jurisdictions require a waiting or "cooling off" period before a court will issue a divorce judgment, but there is not ordinarily a waiting period before a court may issue an order of "legal separation attorney Staten Island or "separate maintenance".
It is possible for a married couple to separate without going to court, on the basis of a mutual understanding or even a written agreement. Some people will seek the assistance of a lawyer in drafting a separation agreement. This can be a very good idea, particularly where the parties want to be sure that insurance coverage will continue for both spouses following separation.
"Separation" versus "Legal Separation"
Usually, when people use the term "legal separation attorney staten island", they are referring to a situation where a court has entered an order governing what will happen while the parties are separated, perhaps covering issues such as child custody and support, and spousal support (alimony).
Typically, a court will have the power to resolve as part of a "legal separation" any and all issues that would normally be resolved in a divorce. The exception is that when the final order is entered by the court, the parties remain married.
Also, most jurisdictions require a waiting or "cooling off" period before a court will issue a divorce judgment, but there is not ordinarily a waiting period before a court may issue an order of "legal separation attorney Staten Island or "separate maintenance".
It is possible for a married couple to separate without going to court, on the basis of a mutual understanding or even a written agreement. Some people will seek the assistance of a lawyer in drafting a separation agreement. This can be a very good idea, particularly where the parties want to be sure that insurance coverage will continue for both spouses following separation.
Wednesday, February 10, 2010
Important Considerations for Legal Separation
Important Considerations of Legal Separation:
•If your separation later turns into a divorce, the manner in which you have divided your personal property may well be the manner in which that property becomes divided for the purposes of the divorce. That is, it is not unusual for a divorce settlement or judgment to award separated parties the personal property that is in their own possession. If there are important belongings that, for one reason or another, you will leave with your spouse upon separation, you may wish to make specific note in your separation agreement that both you and your spouse intend that property to come to you in the event of divorce.
•If you contract for the division of property in your separation agreement, that contract will likely be binding upon you in the event of divorce. For example, if your separation agreement assigns the marital home to one spouse, and details how the equity will eventually be divided, absent a new agreement by both spouses it is likely that you will be bound by that earlier agreement upon divorce.
•Insurance companies make money when they deny claims. If you are separating for the purpose of maintaining insurance coverage which would terminate upon divorce, check the policy language carefully. Some insurance companies are now including language which will cause coverage to lapse in the event of a legal separation.
•Remember that separated couples remain married to each other. If you expect that you will wish to remarry, you will ultimately have to go to court to obtain a divorce.
•Remember to separate your finances. Ordinarily, the money in a joint bank account belongs to both people named on the account. That is, if you are placing money into the account, your spouse may have a legal right to withdraw all of that money even if you are separated. If your name appears on a lease or mortgage for the residence where your spouse will live, you will remain liable for payments. Similarly, if you continue to share joint credit accounts, including credit cards, or your name appears on any utility bills (phone, gas, electrical, etc.) you will ordinarily be liable for any debt incurred by your spouse even after separation. It is thus wise to separate your finances, and to obtain credit cards and bank accounts in the individual names of each spouse, as part of the separation process.
•Where pensions or government benefits are involved, it makes sense to consult with an accountant in relation to your financial situation as part of a legal separation, so as to make sure that you meet all of the necessary legal requirements to maintain your interest in those benefits.
What If Things Don't Work Out?
If you separate from your spouse hoping that there will be an eventual reconciliation, but things don't work out, the exact procedure for converting your separation into a divorce will vary depending upon where you live. In some states, for a period of time after a judgment of separate maintenance is entered, the parties may convert their case into an action for divorce. In other states, a new divorce action must be started. Some states fall in the middle, giving the court which issued the order of separation the discretion to allow the parties to amend their complaint to request divorce.
•If your separation later turns into a divorce, the manner in which you have divided your personal property may well be the manner in which that property becomes divided for the purposes of the divorce. That is, it is not unusual for a divorce settlement or judgment to award separated parties the personal property that is in their own possession. If there are important belongings that, for one reason or another, you will leave with your spouse upon separation, you may wish to make specific note in your separation agreement that both you and your spouse intend that property to come to you in the event of divorce.
•If you contract for the division of property in your separation agreement, that contract will likely be binding upon you in the event of divorce. For example, if your separation agreement assigns the marital home to one spouse, and details how the equity will eventually be divided, absent a new agreement by both spouses it is likely that you will be bound by that earlier agreement upon divorce.
•Insurance companies make money when they deny claims. If you are separating for the purpose of maintaining insurance coverage which would terminate upon divorce, check the policy language carefully. Some insurance companies are now including language which will cause coverage to lapse in the event of a legal separation.
•Remember that separated couples remain married to each other. If you expect that you will wish to remarry, you will ultimately have to go to court to obtain a divorce.
•Remember to separate your finances. Ordinarily, the money in a joint bank account belongs to both people named on the account. That is, if you are placing money into the account, your spouse may have a legal right to withdraw all of that money even if you are separated. If your name appears on a lease or mortgage for the residence where your spouse will live, you will remain liable for payments. Similarly, if you continue to share joint credit accounts, including credit cards, or your name appears on any utility bills (phone, gas, electrical, etc.) you will ordinarily be liable for any debt incurred by your spouse even after separation. It is thus wise to separate your finances, and to obtain credit cards and bank accounts in the individual names of each spouse, as part of the separation process.
•Where pensions or government benefits are involved, it makes sense to consult with an accountant in relation to your financial situation as part of a legal separation, so as to make sure that you meet all of the necessary legal requirements to maintain your interest in those benefits.
What If Things Don't Work Out?
If you separate from your spouse hoping that there will be an eventual reconciliation, but things don't work out, the exact procedure for converting your separation into a divorce will vary depending upon where you live. In some states, for a period of time after a judgment of separate maintenance is entered, the parties may convert their case into an action for divorce. In other states, a new divorce action must be started. Some states fall in the middle, giving the court which issued the order of separation the discretion to allow the parties to amend their complaint to request divorce.
Legal Separation
Sometimes, when a divorce seems imminent, a married couple inquires about the possibility of "legal separation". Some states refer to legal separation by other names, such as "separate maintenance".
"Separation" versus "Legal Separation"
Usually, when people use the term "legal separation", they are referring to a situation where a court has entered an order governing what will happen while the parties are separated, perhaps covering issues such as child custody and support, and spousal support (alimony).
Typically, a court will have the power to resolve as part of a "legal separation" any and all issues that would normally be resolved in a divorce. The exception is that when the final order is entered by the court, the parties remain married.
Also, most jurisdictions require a waiting or "cooling off" period before a court will issue a divorce judgment, but there is not ordinarily a waiting period before a court may issue an order of "legal separation" or "separate maintenance".
It is possible for a married couple to separate without going to court, on the basis of a mutual understanding or even a written agreement. Some people will seek the assistance of a lawyer in drafting a separation agreement. This can be a very good idea, particularly where the parties want to be sure that insurance coverage will continue for both spouses following separation.
Why People Seek Legal Separation
The reasons people ask about separation as opposed to divorce include:
•Religious Concerns - they may have a religious objection to divorce;
•Insurance Concerns - they may wish to ensure that one of the spouses has continued coverage through the other spouse's insurance provider;
•Trial Separation - they may hope that the marriage can be reconciled, but recognize a need to spend some time apart, and desire a formal arrangement to address such issues as child support and custody, spousal support (alimony) and property in the interim;
•Divorce Waiting Periods - they may wish to separate during the period of time their state requires them to wait, prior to the entry of a judgment of divorce;
•Tax Purposes - Sometimes, in a complicated divorce, a wealthy spouse may wish to formalize the spousal support (alimony) at an early stage through a separation agreement, in order to take the associated tax deduction;
•Social Security and Pension Benefits - Sometimes spouses will wish to delay formal divorce until they have been married long enough to quality for certain Social Security or pension benefits. For example, if your interest in certain Social Security or military pension benefits vests after ten years, it is not ordinarily fiscally prudent to divorce from a nine year marriage before you qualify for those vested benefits
"Separation" versus "Legal Separation"
Usually, when people use the term "legal separation", they are referring to a situation where a court has entered an order governing what will happen while the parties are separated, perhaps covering issues such as child custody and support, and spousal support (alimony).
Typically, a court will have the power to resolve as part of a "legal separation" any and all issues that would normally be resolved in a divorce. The exception is that when the final order is entered by the court, the parties remain married.
Also, most jurisdictions require a waiting or "cooling off" period before a court will issue a divorce judgment, but there is not ordinarily a waiting period before a court may issue an order of "legal separation" or "separate maintenance".
It is possible for a married couple to separate without going to court, on the basis of a mutual understanding or even a written agreement. Some people will seek the assistance of a lawyer in drafting a separation agreement. This can be a very good idea, particularly where the parties want to be sure that insurance coverage will continue for both spouses following separation.
Why People Seek Legal Separation
The reasons people ask about separation as opposed to divorce include:
•Religious Concerns - they may have a religious objection to divorce;
•Insurance Concerns - they may wish to ensure that one of the spouses has continued coverage through the other spouse's insurance provider;
•Trial Separation - they may hope that the marriage can be reconciled, but recognize a need to spend some time apart, and desire a formal arrangement to address such issues as child support and custody, spousal support (alimony) and property in the interim;
•Divorce Waiting Periods - they may wish to separate during the period of time their state requires them to wait, prior to the entry of a judgment of divorce;
•Tax Purposes - Sometimes, in a complicated divorce, a wealthy spouse may wish to formalize the spousal support (alimony) at an early stage through a separation agreement, in order to take the associated tax deduction;
•Social Security and Pension Benefits - Sometimes spouses will wish to delay formal divorce until they have been married long enough to quality for certain Social Security or pension benefits. For example, if your interest in certain Social Security or military pension benefits vests after ten years, it is not ordinarily fiscally prudent to divorce from a nine year marriage before you qualify for those vested benefits
Monday, February 1, 2010
Divorce Lawyers Should Tell You Bad News
People who are thinking about getting a divorce say, "I want the meanest, toughest attorney I can find. I want a fighter." You should shudder and say that a fighter is the last thing anyone should want in a lawyer.
Fighter-attorneys may make a client feel good as they harass and humiliate the other spouse, but fighter-attorneys cost tons of money and they always make things worse--for both parties.
So, what are the characteristics of a good lawyer in divorce cases?
First, the hallmark of a good lawyer is that he or she will tell a client things the client does not want to hear. A good lawyer gives clients bad news.
In divorce cases there is always a good deal of bad news to be given.
--There will not be enough money to maintain the standard of living the family is used to.
--Often the family residence will have to be sold.
--Each parent will spend less time with the children because there will be a second home in which the children will spend time.
--The children may begin to misbehave or do poorly in school or exhibit other unfortunate problems, which will consume more time, energy and possibly money to pay counselors to try to solve.
The list of bad news goes on and on. The fighter-attorney fails to warn the client--allows, or even encourages, the client to hold on to unrealistic expectations. The good lawyer does not.
Clients sometimes say to a lawyer who tells them what they do not want to hear, "Whose side are you on anyway?" But a good lawyer is on the client's side when they explain reality.
Another sign of good lawyers is that they get along with one another. They are courteous to one another, and they are able to trust one another. They exchange information promptly. They cooperate. Fighter-attorneys do all sorts of stuff to aggravate the other side, which may provide a perverse kind of pleasure while it is happening, but in the end, non-cooperation between lawyers generates enormous legal fees and it increases the bitter feelings between the parties which ultimately damages their lives and the lives of their children. People who hire fighter-attorneys can expect a scorched-earth result. They are often surprised to discover they themselves have to live on that scorched earth.
Divorcing couples are wise to hire lawyers who are peace-makers and problem-solvers. Look for a lawyer who has gone to the trouble of getting mediation training, and watch out for attorneys who do not tell you things you do not want to hear
Fighter-attorneys may make a client feel good as they harass and humiliate the other spouse, but fighter-attorneys cost tons of money and they always make things worse--for both parties.
So, what are the characteristics of a good lawyer in divorce cases?
First, the hallmark of a good lawyer is that he or she will tell a client things the client does not want to hear. A good lawyer gives clients bad news.
In divorce cases there is always a good deal of bad news to be given.
--There will not be enough money to maintain the standard of living the family is used to.
--Often the family residence will have to be sold.
--Each parent will spend less time with the children because there will be a second home in which the children will spend time.
--The children may begin to misbehave or do poorly in school or exhibit other unfortunate problems, which will consume more time, energy and possibly money to pay counselors to try to solve.
The list of bad news goes on and on. The fighter-attorney fails to warn the client--allows, or even encourages, the client to hold on to unrealistic expectations. The good lawyer does not.
Clients sometimes say to a lawyer who tells them what they do not want to hear, "Whose side are you on anyway?" But a good lawyer is on the client's side when they explain reality.
Another sign of good lawyers is that they get along with one another. They are courteous to one another, and they are able to trust one another. They exchange information promptly. They cooperate. Fighter-attorneys do all sorts of stuff to aggravate the other side, which may provide a perverse kind of pleasure while it is happening, but in the end, non-cooperation between lawyers generates enormous legal fees and it increases the bitter feelings between the parties which ultimately damages their lives and the lives of their children. People who hire fighter-attorneys can expect a scorched-earth result. They are often surprised to discover they themselves have to live on that scorched earth.
Divorcing couples are wise to hire lawyers who are peace-makers and problem-solvers. Look for a lawyer who has gone to the trouble of getting mediation training, and watch out for attorneys who do not tell you things you do not want to hear
Tuesday, January 5, 2010
Legal Separation
Sometimes, when a divorce seems imminent, a married couple inquires about the possibility of "legal separation". Some states refer to legal separation by other names, such as "separate maintenance".
Usually, when people use the term "legal separation", they are referring to a situation where a court has entered an order governing what will happen while the parties are separated, perhaps covering issues such as child custody and support, and spousal support (alimony).
Typically, a court will have the power to resolve as part of a "legal separation" any and all issues that would normally be resolved in a divorce. The exception is that when the final order is entered by the court, the parties remain married.
Also, most jurisdictions require a waiting or "cooling off" period before a court will issue a divorce judgment, but there is not ordinarily a waiting period before a court may issue an order of "legal separation" or "separate maintenance".
It is possible for a married couple to separate without going to court, on the basis of a mutual understanding or even a written agreement. Some people will seek the assistance of a lawyer in drafting a separation agreement. This can be a very good idea, particularly where the parties want to be sure that insurance coverage will continue for both spouses following separation.
If you separate from your spouse hoping that there will be an eventual reconciliation, but things don't work out, the exact procedure for converting your separation into a divorce will vary depending upon where you live. In some states, for a period of time after a judgment of separate maintenance is entered, the parties may convert their case into an action for divorce. In other states, a new divorce action must be started. Some states fall in the middle, giving the court which issued the order of separation the discretion to allow the parties to amend their complaint to request divorce.
Usually, when people use the term "legal separation", they are referring to a situation where a court has entered an order governing what will happen while the parties are separated, perhaps covering issues such as child custody and support, and spousal support (alimony).
Typically, a court will have the power to resolve as part of a "legal separation" any and all issues that would normally be resolved in a divorce. The exception is that when the final order is entered by the court, the parties remain married.
Also, most jurisdictions require a waiting or "cooling off" period before a court will issue a divorce judgment, but there is not ordinarily a waiting period before a court may issue an order of "legal separation" or "separate maintenance".
It is possible for a married couple to separate without going to court, on the basis of a mutual understanding or even a written agreement. Some people will seek the assistance of a lawyer in drafting a separation agreement. This can be a very good idea, particularly where the parties want to be sure that insurance coverage will continue for both spouses following separation.
If you separate from your spouse hoping that there will be an eventual reconciliation, but things don't work out, the exact procedure for converting your separation into a divorce will vary depending upon where you live. In some states, for a period of time after a judgment of separate maintenance is entered, the parties may convert their case into an action for divorce. In other states, a new divorce action must be started. Some states fall in the middle, giving the court which issued the order of separation the discretion to allow the parties to amend their complaint to request divorce.
Wednesday, November 11, 2009
Divorce Annulment and Legal Separation
The laws in New York regarding divorce, annulment, and legal separation are complex. Eric M. Gansberg specializes in family law, which divorce is part of, and knows the ins and outs and how to best settle any disputes that may arise. For such sensitive issues you need an experienced lawyer with a solid background in family law, including divorce.
In New York, you must have grounds to obtain a divorce or an annulment.
Grounds for Divorce:
-Living separate and apart, pursuant to a legal separation agreement or court ordered separation
-Adultery
-Cruel and inhuman treatment
-Abandonment in excess of one year
-Constructive abandonment (sexual abandonment) in excess of one year
-Imprisonment
-Grounds for Annulment
-Prior spouse is living (bigamy)
-Fraud, duress, or coercion
-Lack of physical capacity
-Lack of mental capacity
Eric Gansberg can assist you with your divorce, annulment, or legal separation. In addition to establishing grounds for divorce, many other issues must be addressed, including issues regarding children, marital property, spousal support, and estate planning issues.
Eric M. Gansberg is your #1 source for legal separation law on Straten Island and Woodrow. He has a solid record in showing that his client's interests come first and will fight aggrssively on your behalf. Visit Eric M. Gansberg today and get the best legal separation attorney in Straten Island to represent you!
In New York, you must have grounds to obtain a divorce or an annulment.
Grounds for Divorce:
-Living separate and apart, pursuant to a legal separation agreement or court ordered separation
-Adultery
-Cruel and inhuman treatment
-Abandonment in excess of one year
-Constructive abandonment (sexual abandonment) in excess of one year
-Imprisonment
-Grounds for Annulment
-Prior spouse is living (bigamy)
-Fraud, duress, or coercion
-Lack of physical capacity
-Lack of mental capacity
Eric Gansberg can assist you with your divorce, annulment, or legal separation. In addition to establishing grounds for divorce, many other issues must be addressed, including issues regarding children, marital property, spousal support, and estate planning issues.
Eric M. Gansberg is your #1 source for legal separation law on Straten Island and Woodrow. He has a solid record in showing that his client's interests come first and will fight aggrssively on your behalf. Visit Eric M. Gansberg today and get the best legal separation attorney in Straten Island to represent you!
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