People working with Divorce Lawyer Long Island may assume that complicated divorces are always more expensive, more stressful, and take longer to complete.
However, not every amicable divorce moves through the Suffolk County or Nassau County court systems quickly. On the other hand, it is possible to receive a final divorce decree, even in a highly complicated divorce situation, without lengthy contentious courtroom battles and extreme animosity.
The Marital Estates
Extensive holdings and assets often complicate the negotiating progress in Long Island divorces. Although, two spouses may enter into the marriage contract without much in the way of personal property or other assets, many marriages have three separate estates that must be legally divided when a marriage ends.
The first estate to be dealt with consists of assets considered “marital property”, as well as real property acquired during the marriage and owned jointly by both spouses.
The second and third estates include assets wholly owned by the husband or wife, which were acquired before the marriage or during the marriage as part of an endowment, trust distribution, or gift.
When couples own extensive portfolios of assets, and they have elements of all three estate types, dividing the property becomes more complicated and complex. If one or both spouses suffer significant financial losses or enjoy substantial gains during the marriage, the potential for conflict increases.
Benefits of Retaining Skilled and Experienced Legal Counsel on Long Island
It is essential to realize that even assets the court deems non-marital property may ultimately require financial reimbursement to the marital estate.
Long-term investments, foreign holdings, and bonuses often create confusion and discord during settlement discussions. Working closely with a certified mediation specialist and a divorce lawyer with extensive experience litigating before Long Island judges puts couples in the position to reach solutions that conform to state statutes and fairly divide co-mingled assets.
There are myriad of variables that directly and indirectly affect property division. Analyzing all aspects of property division through a rational, unbiased lens gives a divorce lawyer on Long Island a basis for deciding whether to pursue mediation or litigation. Throughout the analysis, divorce lawyers actively consider potential legal arguments that can be presented in court to justify awarding proceeds to his or her client.
Making an informed decision about the best way to proceed with an application for dissolution of marriage in New York is easier for Long Island couples who hire legal representatives experienced in analyzing financial factors which typically complicate divorce settlement: rental income, earned and unearned commissions and bonuses, capital gains and losses, and dividends from other investment vehicles.
Although Long Island divorce lawyers, like Robert E. Hornberger, Esq., who have many years of experience successfully representing clients in New York courtrooms, recommend mediation and collaborative family law options as highly-effective tools for ending a marriage, dedicated divorce specialists do not avoid aggressive legal tactics when necessary to vigorously defend the interests of their clients, especially when the case is financially complicated.
Whether a divorce is a complex contested divorce or a simple application to end an amicable, but unsustainable marriage, hiring legal counsel with extensive knowledge of New York Family Law is essential to achieving a final decree of divorce in a reasonable amount of time without excessive legal fees and expenses. Hiring a passionate, dedicated divorce lawyer from Long Island is the best line of defense against lengthy trial delays and escalating costs.