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Divorce Lawyer In Long Island

Result-oriented Legal Representation For Your Divorce & Family Law Issues

Working With An Experienced Divorce Lawyer In Long Island

 

At the law offices of Elan Wurtzel, we understand that divorce can be a sensitive and challenging time. That is why we offer compassionate legal services aimed at helping our clients through the process of divorce. For over 30 years, we have served Suffolk County, NY, Nassau County, NY, Brooklyn, NY, and the surrounding areas with diligence and integrity. We are focused on ensuring your best interests are fully represented throughout the divorce proceedings. All our clients receive a pro-active, high caliber service that empowers in and out of the courtroom. We will always explain as well as offer expert advice, giving you all the information you need to make decisions that are right for your circumstances. When you need an assertive divorce lawyer in Long Island to help you through challenging marital and familial legal concerns, you can depend on us.

We handle cases involving child custody, child support, division of property, alimony, divorce, and prenuptial agreements. With decades of experience in this practice area, you can be assured of competent representation for your case.

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Start Over with Expert Legal Help

Take the first step in resolving your marital separation with success. Speak to a divorce attorney about your case today and get the legal assistance you and your family deserve. You can start over with the expert legal assistance your case deserves.

Legal Proceeding Divorce Lawyer In Long Island

Schedule a Consultation

 Schedule a consultation with an attorney who will put your case first. Contact The Law Offices of Elan Wurtzel by calling 516-822-7866. We are proud to serve all areas of New York including Suffolk County, NY, Nassau County, NY, and Brooklyn, NY. The aggressive legal representation you deserve is only a phone call away. Schedule a FREE consultation and review today.

What Is Mediation In Divorce Cases?

Mediation is an alternative to litigation for resolving a variety of legal disputes. It is often used when a couple is divorcing. The process utilizes a neutral third-party who oversees the process and helps a couple reach a mutually agreeable settlement. Unlike a judge, a mediator has no final say over the settlement, but is there to encourage respectful communication, help a couple explore their options, and keep the process focused on the best possible outcome.

There are several benefits to using divorce mediation, including:

  • Control of the process and the outcome: Either of the divorcing spouses can end the mediation at any time, and it is only considered successful when both find the resolutions mutually satisfactory.
  • Privacy: Mediation proceedings are confidential, unlike litigation where proceedings are open to the public and become a matter of public record.
  • Efficiency: Mediation saves time and money. It’s possible to reach a resolution in mediation in as little as a few hours. Couples take on a great deal of responsibility in mediation, which also reduces the cost of divorcing. According to the American Bar Association, mediated divorces are generally 40% to 60% lower than divorce litigation.
  • Welfare of the children: Witnessing a litigated divorce that stretches on and involves a great deal of contention can create lasting damage for a child. Mediation is an opportunity to show a child that it’s possible for his or her parents to work together toward a common goal, even if they will no longer be living as a married family. Many families also report it is easier to share parenting responsibilities post-divorce when there is no left-over animosity from the divorce proceedings.

Mediation is a valuable tool for divorcing couples and a skilled mediator can help even the most combative couples reach a mutually satisfactory resolution. In spite of mediation’s many benefits, it isn’t right for every couple. The process is not recommended for divorces in which domestic violence was an issue and some of the benefits of mediation, including confidentiality, are not an option when an incident of domestic violence arises.

If you have questions about divorce mediation or you’d like to know if it could help you resolve your divorce in a more respectful and civil manner, we can help. For more information, contact us here or call us at 516-822-7866. Let us be your divorce lawyer in Long Island.

Divorce Assets Division: Separate Property & Marital Assets

Marital Assets In New York

Marriage creates a co-mingling of assets, both literally and legally. However, certain assets remain the property of the individual spouse and are not included in the asset distribution process that takes place if and when a marriage ends. What determines whether property remains separate or is included in the equitable distribution plan in a divorce assets division?

Separate property is what each spouse owns when a marriage occurs

Anything obtained during the marriage is marital property, with a few exceptions. The property obtained during the marriage becomes part of the marital estate, unless a prenuptial or post-nuptial agreement excludes it from the estate.

Marital property includes items such as:

  • Real property purchased during the course of the marriage, except for items purchased with contributions from separate property. For instance, if money you had prior to your marriage is used to make a down payment on a home, you might be able to argue that portion of the home’s value is separate property.
  • Cash, bank accounts, and retirement funds acquired and/or accumulated during the marriage
  • Personal property, including vehicles, furniture, or artwork

Separate property includes items such as:

  • Real and personal property obtained prior to the marriage
  • Property obtained through inheritance or gift from someone other than a spouse
  • Property acquired in exchange for separate property (the example above of the down payment on a home)
  • Compensation received as a result of a personal injury settlement not related to lost wages
  • Property designated as separate in a pre- or post-nuptial agreement
  • Increases in separate property value that occurred during the marriage, unless the increase in value was tied to contributions or actions of the non-owner spouse during the marriage

 

Distribution Of Marital Assets in New York

Property within the marital state is subject to equitable (fair) distribution. New York has not always been an equitable distribution state and it wasn’t until 1980 the courts enacted Domestic Relations Law section 236 part B, implementing equitable distribution as the means by which property is distributed in a divorce. The law eliminated financial inequities by distributing marital assets without regard to title, thereby embracing the modern concept of marriage as an economic partnership and allowing spouses to receive a share of the marital assets based on their contributions as a homemaker.

As a result of the change, when couples are unable to come to terms on their own concerning the distribution of their marital property, the court considers the following when dividing assets:

  • Income and property of each spouse at the time of marriage and divorce
  • Length of marriage
  • Age and health of each spouse
  • Presence of minor children and custody arrangements
  • Loss of inheritance of pension rights due to the divorce
  • Loss of health insurance benefits as a result of the divorce
  • Awards of support or maintenance
  • Contributions made by either spouse to marital property through education or training
  • Liquidity or non-liquidity of all marital property
  • Future financial circumstances of each spouse
  • Ability to determine the value of certain asset
  • Tax consequences for each spouse
  • Whether property was wasted during divorce proceedings
  • Transfer or disposal of marital property once divorce was probable