A complex divorce case usually encompasses a range of contested issues. High-asset divorces, jointly owned businesses, an out-of-state or international spouse, domestic violence, and child custody disputes are just some factors that may result in tangled proceedings. New York City complex divorce lawyer Ingrid Gherman offers comprehensive guidance regarding financially complex divorce and property division matters, as well as acrimonious custody battles. With decades of litigation experience, Ms. Gherman understands the challenges that can arise in divorces and is capable of handling even the most unusual cases.Financial Considerations During a Complex Divorce Case
When numerous assets are in dispute, especially assets with complicated valuation or division issues, the divorce proceedings can become lengthy and complex. In New York, marital property is subject to a fair and equitable distribution, but this is not necessarily equal. An accurate valuation of each asset is crucial to achieve a truly equitable distribution. If it is not feasible to divide or sell a specific asset, the valuation is important to identify an asset of similar value that may be traded. In addition, there is a potential for a significant financial loss to one spouse if all of the parties’ assets are not identified or properly valued.
If the matter of property division cannot be settled between the spouses, the court will consider several statutory factors in determining an equitable distribution, including each spouse’s financial situation. A complex divorce attorney in New York City will often collaborate with specialists in other professions for more unusual or intricate valuations to protect your interests. For example, the services of a business valuation expert may be necessary to complete an appraisal, particularly for closely held corporations. Forensic accountants have the ability to search for fraudulent transactions, hidden assets, and international or off-shore accounts. In addition, a financial planner and tax professional may be consulted to ascertain your economic stability, retirement savings, and tax liability following the divorce.
The income of each spouse is also important when determining child support and spousal maintenance. In New York, statutory guidelines based on the parents’ combined income and number of children dictate the amount of child support required. If you are seeking spousal maintenance, the court will consider the standard of living enjoyed during the marriage, the income and assets of the spouses, and other factors. The court may also impute income to a spouse to determine child and spousal support based on past or future earning potential. Income earned from uncommon or irregular sources, such as business profits, deferred compensation, executive benefits, and bonuses, must be taken into account to reflect the appropriate amount of monetary support to which your child and you are entitled following the divorce.Additional Issues Associated with Complex Divorce
The complexities of marital and domestic relationships often carry over into the divorce proceedings. Issues such as relocation, domestic violence or child abuse, addiction problems, adultery, and other bad behavior can result in prolonged battles, during which the advocacy of a New York City complex divorce attorney may be invaluable. These types of issues often exacerbate already difficult child custody and visitation determinations.
In New York, the court decides child custody matters by using a standard of the best interests of the child. The court is obliged to consider factors provided by statute, such as each parent’s stability, the domestic environment, any disregard of the legal process, and each parent’s past conduct. If violence, illegal activity, or other allegations are proven, the court is required to consider their effect on the child in determining the child’s best interests. This may entail psychological evaluations and other professional assessments.Hire an Experienced Complex Divorce Lawyer in New York City
Divorce can be an intensely emotional, difficult process. Divorce attorney Ingrid Gherman is prepared to address your concerns while helping to finalize your divorce so that you can move forward with your life. Ms. Gherman represents people in complex divorce cases throughout Manhattan, Brooklyn, the Bronx, Queens, and Staten Island, as well as other communities in Westchester, Orange, Nassau, Rockland, and Suffolk Counties. Schedule your consultation with a divorce lawyer by submitting our contact form or calling the Law Office of Ingrid Gherman, P.C. at (212) 941-0767.