Equitable Distribution

Figuring out how to divide assets and debts in a divorce case can be stressful and overwhelming. It is important to have an experienced Divorce attorney smithtown NY who can explain the process and protect your rights. The law defines what is considered marital property and what is considered a party’s separate property, but sometimes the lines can become blurry, especially in the case of a long term marriage.

A good example is when a party, or both parties contribute separate money toward the purchase of what becomes a marital asset, such as the Marital Residence. An experienced Divorce Attorney is needed to assist in working out who gets what in the event of a dissolution of a marriage.

In Long Island, it is not unusual for parties to have more debt than assets. Again, this debt must be 1categorized and then allocated upon divorce. Your New York Divorce Attorney can assist you by directing you to resources, and insuring that you do not leave the marriage with more debt than you should.

Retirement accounts require special consideration with respect to tax ramifications, timing of distribution and proper drafting of court orders to divide and allocate upon divorce. Our office will explain these matters and make sure you are directed to the proper resources to guide you through the division of your Retirement Accounts upon Divorce.

DIVORCE LAW

Divorce attorney smithtown NY is a complex and ever changing field which requires the assistance of a competent and experienced Matrimonial Attorney. Even if a matter is contested, our office strives to reach an amicable settlement of your case, if that is reasonably possible. If it is not, our experienced and compassionate attorneys and staff will assist you in litigating the best possible resolution of your matter.

Dissolution of Marriage-Grounds

An action for divorce may be maintained on any of the following grounds:

(1) The cruel and inhuman treatment of the plaintiff by the defendant such that the conduct of the defendant so endangers the physical or mental well-being of the plaintiff as renders it unsafe or improper for the plaintiff to cohabit with the defendant.

(2) The abandonment of the plaintiff by the defendant for a period of one or more years.

(3) The confinement of the defendant in prison for a period of three or more consecutive years after the marriage of plaintiff and defendant.

(4) The commission of an act of adultery, provided that adultery for the purposes of articles ten, eleven, and eleven-A of this chapter, is hereby defined as the commission of an act of sexual intercourse, oral sexual conduct or anal sexual conduct, voluntarily performed by the defendant, with a person other than the plaintiff after the marriage of plaintiff and defendant. Oral sexual conduct and anal sexual conduct include, but are not limited to, sexual conduct as defined in subdivision two of section 130.00 and subdivision three of section 130.20 of the penal law.

(5) The husband and wife have lived apart pursuant to a decree or judgment of separation for a period of one or more years after the granting of such decree or judgment, and satisfactory proof has been submitted by the plaintiff that he or she has substantially performed all the terms and conditions of such decree or judgment.

(6) The husband and wife have lived separate and apart pursuant to a written agreement of separation, subscribed by the parties thereto and acknowledged or proved in the form required to entitle a deed to be recorded, for a period of one or more years after the execution of such agreement and satisfactory proof has been submitted by the plaintiff that he or she has substantially performed all the terms and conditions of such agreement. Such agreement shall be filed in the office of the clerk of the county wherein either party resides. In lieu of filing such agreement, either party to such agreement may file a memorandum of such agreement, which memorandum shall be similarly subscribed and acknowledged or proved as was the agreement of separation and shall contain the following information:

(a) the names and addresses of each of the parties,
(b) the date of marriage of the parties,
(c) the date of the agreement of separation and
(d) the date of this subscription and acknowledgment or proof of such agreement of separation.

(7) The relationship between husband and wife has broken down irretrievably for a period of at least six months, provided that one party has so stated under oath. No judgment of divorce shall be granted under this subdivision unless and until the economic issues of equitable distribution of marital property, the payment or waiver of spousal support, the payment of child support, the payment of counsel and experts' fees and expenses as well as the custody and visitation with the infant children of the marriage have been resolved by the parties, or determined by the court and incorporated into the judgment of divorce.

Since it’s introduction to New York Divorce Law, DRL 170(7) has become the most commonly used grounds for divorce for the simple reason that it is easy to prove, requires no corroborating evidence and is New York’s No Fault Divorce Law. Even when a party alleges other grounds for divorce, it is common for the parties to settle on DRL 170(7) Irretrievable Breakdown of the Marriage. Under those grounds however, the statute requires that all other issues be resolved, such as attorney fees and distribution of assets and debts. Therefore, a Court generally will not grant a divorce on DRL 170(7) grounds on default. This is why it is important to consult with a competent New York Divorce Lawyer to make sure your action for divorce will be granted and your marriage can be dissolved under New York Divorce Law.

WRONGFUL DEATH

Nothing can devastate a family more than the loss of a loved one through the negligence of another. Whether it’s a medical malpractice matter, or a car accident, there are remedies available to the family whose loved one’s life was suddenly cut short.

Both economic and compensatory recovery is available to the family who loses a loved one through the negligence of another. The attorneys at Law Office of Lisa S. Fine understands the mechanics of insurance coverage for wrongful death matters.

Our team of experts will work with the family to determine the nature of those damages to maximize recovery. More importantly, we will do so with the compassion and empathy often lacking in New York attorneys. We understand that this is a trying and emotional time for you, and you need to rely on someone with experience and aptitude to handle your wrongful death case.

If you have lost a loved one due to the carelessness and negligence of another, contact our office for a free consultation today. For more info visit : http://lfinelaw.com/wrongful-death/

BUSINESS AND COMMERCIAL : Collections

Collections can be a frustrating aspect of running a business. Whether it’s medical professionals and doctors who are seeking payments from defaulting patients or general business collections, contact us to do the collections work for you.

We have available in-house collections agency and attorneys ready to litigate on your behalf. Let our firm worry about the monies due to your business, leaving you time to actually run your business. We can also advise on language to include in your client contracts to assist you in collecting costs and attorneys fees in the event that collection becomes necessary. For more info visit : http://lfinelaw.com/business-and-commercial/

Existing Businesses: Contract Disputes

Once up and running, businesses sometimes encounter contract disputes with vendors, or other businesses or individuals. Our firm can assist you with any contract disputes that you may have with individuals or other companies alike.

Our principal Lisa S. Fine, Esq. is an experienced contract attorney and acting Arbitrator on commercial contract disputes for the American Arbitration Association. Ms. Fine understands first hand the nuances of contract law in New York, and our smithtown lawyer assist you in negotiations to resolve contract disputes, and if necessary, litigate your matter in a New York Court.

Starting a Business : BUSINESS AND COMMERCIAL

When starting a business in New York, you will need to decide what the best legal structure is for that business. Whether it’s an LLC, corporation, d/b/a or partnership, our attorneys can assist you from start to finish. We can set up your corporation, including issuing any stock certificates, corporate kit and paperwork.

If there are more than one participants in the business, we will draft the appropriate partnership, shareholder or member agreement to suit your needs. Our smithtown lawyer can assist you with the drafting of customer contracts, non-disclosure agreements, and business to business contracts to protect your business from its inception.