Schedule an Exploratory Consultation
In litigation, the skill, experience and effectiveness of the attorneys are of paramount importance. The attorneys representing you should possess the ability to clearly educate clients. They should have a thorough knowledge of the law and of procedure and evidence. They should have the ability to unravel complex financial issues. And they should be able to authoritatively and convincingly to present your case to the court
Evaluations
Where there are real properties, businesses, professional practices or other tangible or intangible assets that are considered relevant to the marriage, professional evaluators are often retained, at the parties’ expense, to do the necessary appraisals or valuations. In the case of contested custody matters, forensic psychological experts may be retained, also at the parties’ expense, to evaluate the family situation with an eye to a court decision on custody, visitation and other parental matters.
Discovery
Discovery is the exchange, usually after formal written requests, of financial records of all types. It can also involve some investigatory work where one party suspects that the other is not “coming clean.” Discovery also usually includes depositions, which are oral examinations under oath of each party and sometimes of third-party witnesses. In heavily litigated cases, discovery can be lengthy and costly.
Trial
Once discovery and evaluations are completed, if the case is not settled, it is set for trial. Trial may take place before the judge assigned to the case or before a Special Referee to whom all or some of the contested financial issues may be assigned. Depending on the complexity of the issues, trial can take weeks or even years to complete. After trial, many judges require post-trial briefs by the parties’ attorneys in which they argue why the facts proven at trial should lead to a decision in favor of their respective clients.
High Net Worth Divorces
First, we understand, then we win
A high-net-worth today is a divorce involving multi-million dollars in net liquid assets. The Rubinstein Law Firm is your place for such divorce cases. Such divorces usually entail distinctive hurdles primarily related to the categorization, valuation, and distribution of the couple’s assets.
For results-oriented representation in high net worth divorce or matrimonial law proceedings
Splitting Assets
Before You Can Move Forward With Separation, You Must Meet The State’s Residency Requirements. Below Is The Primary Process:
- Identify all assets;
- Identify each asset as either marital, separate, or a combination;
- Evaluate the marital facets of each asset; and
- Distribute matrimonial assets equitably between the parties, while accounting for tax considerations.
We examine the many challenging issues in high asset divorce proceedings, including:
- Assessing the business interests of one spouse
- Reassessment of estate planning
- Deviation from guidelines for child support and alimony
- Assessment of tax implications of income or gains through property division
- Valuation of retirement assets including IRAs, 401(k) plans, pensions
Marital property and same-sex divorce
The legal process for same-sex marriage is similar as applied to valuation and distribution of marital assets. However, as judges have seen less of this process as a newer adaptation, you need an attorney who understands the court system and has much specialized experience.
Further, it is crucial to have legal counsel represent you who has a firm understanding of civil rights issues that can arise; this is often due to the law’s belated recognition of same-sex marriage, which left couples in limbo while politicians and judges disputed a question of fundamental civil rights.
Child custody factors in a same-sex marriage
In the event a same-sex marriage ends in divorce, there are a few key factors when determining child custody. these factors are centered around how the child entered the relationship, including:
- If your child was born into your marriage, custody is rather simple. In these cases, both spouses are typically considered legal guardians of the child.
- If you adopted together and both parents are on the adoption paperwork as guardians, there should not be an issue with custody.
- If the child predated the marriage, split custody is unlikely.