Counsel Fee Awards: Courts’ Vigilance in Leveling the Playing Field

Divorce has many costs, not the least of which are the counsel fees incurred by the parties, a cost which often weighs heavily on the litigant’s mind. As such, clients often ask whether their spouse could be directed to contribute to their legal fees or, conversely, if it’s the spouse with the greater financial resources, whether they can be directed to pay their spouses legal fees. The answer is not always so cut and dry.

In New York, there is a rebuttable presumption that the wealthier or more monied spouse should pay the less monied spouse’s legal counsel fees to level the playing field and ensure that both spouses are on equal footing in terms of representation. (more…)

How to Financially Prepare for Divorce

Writings on Legal Matters

How to Financially Prepare for Divorce

If you believe that divorce may be on your horizon, it is ideal to take certain steps before the process begins in order to protect yourself. In today’s blog post, we’re discussing the financial side of preparing for divorce.

Before You Meet with an Attorney

One step you need to take immediately is to gather together all of your bank statements, mortgage statements, and related documentation going back at least one year. It is wise to do this before you even meet with your attorney, as it is something they will surely ask you for, and you can save time and money by already having it on hand. Perhaps the most important document to bring with you to your initial meeting is your most recently filed tax return.

A Line in the Sand

In the state of New York, there is a presumption that anything that occurs before the divorce is filed is marital, and anything that occurs after is separate property or debt. This means filing draws the line in the sand for “yours” vs. “mine.” This also means that you should be prepared to open new accounts once you file for divorce so that, for example, your paychecks can be deposited into your personal account and not a joint account.

Do Not Conceal Assets or Income

Concealing assets or income during a divorce is illegal and you are likely to be caught. Your spouse’s attorney can subpoena your banks and employers easily and get all of your information. If you conceal something, the attorney will likely find it (we certainly would!), and then you will lose all credibility with the Court. You will also incur additional legal fees as we try to remedy the oversight or concealment.

Be Careful with Your Spending and Saving

During or just before the divorce process is not the time to make large purchases or spend exorbitantly. This is one time in your life in particular where it’s wise to be careful and measured in your spending, and save as much as possible. You can never be sure how lengthy your divorce process might be, or how property division will pan out, or how much alimony or child support you may be required to pay, so be careful not to throw money around recklessly.

Consult a Lawyer

Your attorney can provide you with advice that is more catered to your unique circumstances. If you anticipate a divorce or if you’ve already started the process, the Sunshine, Isaacson & Hecht team is here to help you. Contact us today to learn more about our services.

Divorcing Parents of Special Needs Children – Part 1: What You Don’t Know Can Hurt You

Writings on Legal Matters

Divorcing Parents of Special Needs Children – Part 1: What You Don’t Know Can Hurt You

{4:15 minutes to read}

As divorce attorneys, sometimes we don’t know what we don’t know.

Our clients can sign the agreement, which has all of the traditional language. We may think we provided for each and every need of the child – their basic support, add-on activities, extra-curricular programs, perhaps a special school – but the question remains: What must we also consider when planning for a child with special needs? (more…)

Divorce Stress Management 101

Writings on Legal Matters

Divorce Stress Management 101

Though most people who choose divorce do so knowing it’s the best way forward for them and for their families, it can still be an extremely stressful process, especially if you’re not prepared or don’t really know what to expect. Having an experienced family law attorney by your side to offer guidance is an important safeguard against unbearable stress. You can also manage your stress with these tips!

Get a good night’s sleep.

When you’re sleep-deprived, your emotions are heightened and it becomes all the more difficult to deal with the challenges you’re facing. As a general rule, adults need a minimum of eight hours of sleep a night — sometimes more. Not hitting this threshold can impact your concentration, your memory, and your mood. If your mind races at night and you’re finding it difficult to fall asleep or stay asleep, you may find it helpful to unplug from electronics for an hour or so before bed. Wind down with a book or meditation instead.

Invest in therapy.

If you already have a relationship with a therapist, make sure you’re making appointments regularly throughout the divorce process. If you haven’t tried therapy before or don’t have a therapist currently, make moves to get started. A therapist can teach you helpful coping skills and help you see your experiences with a healthier perspective.

Take time for yourself.

It may feel indulgent when you have so many other responsibilities, but engaging in self-care is truly essential to your wellbeing. Self-care looks like different things for different people. For you, it might be taking a day off to go on a hike and enjoy some fresh air. Or maybe it looks like getting a massage. Or indulging in a favorite pastry with your coffee in the morning. Treasure the little things that make you happy, and take the time to enjoy them to the fullest.

Work with an experienced attorney.

An attorney with a strong background in family law can give you the guidance you need to approach the legal side of your divorce with confidence, taking a huge burden off of your shoulders. Make sure you connect with a lawyer as early as possible in the process.

Contact Sunshine, Isaacson & Hecht, LLP

If you’re facing divorce, contact the Sunshine, Isaacson & Hecht team today. We are eager to give you the support and guidance you need as you face this challenging process. We can’t wait to hear from you!

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