The Law Offices of Alan L. Finkel

01/19/2022

Additional Factors Which May Be Considered Income To Calculate Child And Spousal Support – Watch here:

https://vimeo.com/646735909

https://divorceguruny.com/ The Law Offices of Alan L. Finkel 5036 Jericho Turnpike Suite 208 Second Floor Commack, NY 11725 United States (631) 462-3100 All sources…

01/12/2022

Why Would A Prenuptial Agreement Ever Be Unenforceable In The Future?

Because all litigation is dangerous. There are way too many factors to properly answer that question without knowing the facts. I had 3 prenup trials. Two were enforced, one was not. Here are some examples:

For instance, I own a home before marriage, and I sign a prenup with my fiancé who has a college degree and works in a $50,000 office job. That house is all mine, prenup or no prenup. The law says anything you own and bring into the marriage remains yours, like this house. But without a prenup, 100% of the money I pay the mortgage down with is considered marital, since that income was earned while am married. In this case, a prenup might state specifically, that all the principle pay down remains mine, although paid down with marital income. Learn here:

https://divorceguruny.com/enforceability-of-premarital-agreements-in-new-york/

01/05/2022

Are There Laws For Division Of Assets For Couples Who Have Never Legally Been Married In New York?

Separate is separate. If you have a bank account and it remains in your name without marriage, it stays your property. There is no community property or presumption of joint ownership without a valid marriage. No marriage, no division of ‘marital’ property. Plain and simple. New York is not California. When you say commingled, if you take money from a separate account and put it into a joint account, that automatically becomes mutual money. It has nothing to do with the law of marriage, and it just has to do with owning an account that is titled to either one or both people. Learn here:

https://divorceguruny.com/laws-of-asset-division-for-unmarried-couples-in-new-york/

12/28/2021

What Is A Separation Agreement In New York?

A separation agreement is a written contract. A legal separation comes about after both spouses sign this written agreement. If it’s valid, after living apart (you can still live in the same house together), for a minimum of one year, either party who signed it can apply for a ‘conversion’ divorce, which will take all the terms from the legal separation agreement and convert it into the terms of a divorce judgment. Many states don’t allow separation agreements. With a legal separation agreement, be sure you obtain a judgment of separation, which is unique to New York State. A judgment of separation is the result of a separate lawsuit in the Supreme Court of New York that asks a judge to sign an Order making the terms of the separation agreement enforceable by way of a judgment or Order. His signature makes the terms 100% enforceable. Learn More:

https://divorceguruny.com/what-is-a-separation-agreement-in-new-york/

12/21/2021

What Can Someone Do To Protect Their Separate Property In New York?

If you’re going into a relationship, it’s not a romantic concept to think about entering into prenuptial agreements. The best protection in New York state to protect your assets before you get married is not to get married. That’s the hard answer to this question. However, I’ve never heard of a pre-nuptial agreement adding to the romance and trust in any relationship. But that’s not the question. If the question is how to absolutely protect any asset from being part of the marital estate, the only sure fire method is to remain unmarried. Learn here:

https://divorceguruny.com/what-can-someone-do-to-protect-their-separate-property-in-new-york/

12/13/2021

What does it mean when a divorce case goes to litigation?

Divorce litigation is the most formal of all the methods of dispute resolution. This legal process involves presenting the issues of your divorce case to a family court judge in order to resolve them when you and your spouse cannot agree. Most couples will only choose litigation if they absolutely cannot reach an agreement on the issues, even using other dispute resolution processes, such as mediation. While many divorces end up involving litigation at some point, it is far from the only way to settle a divorce. If possible, it makes sense for the parties to try to avoid taking their divorce into court because of the associated costs. Not only are there court costs, but attorney’s fees are usually increased for litigation as well. Going to court can also be more stressful and upsetting to the parties and their children. Learn here:

https://divorceguruny.com/faq-category/faqs/

12/06/2021

What Happens To Your Assets When You Get Married In New York?

New York is a title state, which means that if you’re not married, nothing that either party acquires during that period of living together counts. If you’re not married, there is nothing marital to share. It’s only when a marriage occurs that any title to any property can become marital. New York is an equitable distribution state. Equitable means fair, although equitable is often considered half and half in a marriage, especially when it comes to things like retirement benefits. Several agreements can be entered into between couples, and they are all basically contracts. It’s just a question of how or if any of those contracts will be enforced or are not necessarily enforceable. Learn here:

https://divorceguruny.com/what-happens-to-your-assets-when-you-get-married-in-new-york/

11/29/2021

Divorce – Living One’s Best Life on Long Island.

Figuring out how to live one’s best life in Suffolk County is probably one of the biggest tricks in the book of tricks. I don’t think there’s enough time for me to go through all of the components it entails, so I’ll just break it down to two words: money and kindness. How does one get those things?

Since money was invented, it’s been the thing that’s been sought after by everyone, all the time, without exception. Everyone would like to have an extra $20 bill; it buys things, and it allows people to buy things that help them be happy. Money does not buy happiness, but without enough of it, it’s impossible to sustain oneself by eating properly, keeping a roof over your head, and clothing themselves and their children. I can say this confidently after 36 years of seeing people’s net worth statements and helping them figure out whether they can afford to pay child support and maintenance for an average family of four living in Suffolk County. Learn More:

https://divorceguruny.com/living-ones-best-life-on-long-island/

11/15/2021

How Can Parents Safeguard Their Children’s Future, And What Does That Mean?

It’s really simple: safeguarding a child’s future means turning them into a happy adult. Parents raise their children, and the children learn good manners or they don’t; they learn to read and write well or they don’t; they learn to be good parents or they don’t. The goal is to get them through good school systems, and to keep them healthy and happy. Accomplishing this costs lots of money, especially in this neck of the woods. But much more important is the parenting of these children. Learn here:

https://divorceguruny.com/how-to-safeguard-your-childrens-future-in-new-york/

11/08/2021

Do You Find That Men Are More Hesitant To Consider Mediation, And Prefer To Go Straight For Divorce? Learn here:

https://divorceguruny.com/going-for-a-divorce-as-opposed-to-mediation-in-new-york/

11/01/2021

Why Are 80 Percent Of Your Clients Women?

Having mediated divorces and legal separations for more than 36 years, (over half of my life), I’ve learned that the dynamic between couples is remarkably interesting. The initial attraction normally occurs when men are attracted to women sexually, or women see a future with the man, but not necessarily from the same vantage point. I’m not a psychologist or a scientist. However, I am a man. I have a wife and four grown children, and I dated pretty extensively throughout high school and college before I was married. Young men have a desire to be sexually satisfied forever. They hope to meet a woman who can help make that happen. This can lead to a relationship full of love and affection, which often leads to having children, who will need to be taught how to become adults. Children learn how to become adults through watching and learning from their parents. Learn here:

https://divorceguruny.com/why-are-80-percent-of-your-clients-women/

10/27/2021

From Your Years Of Working With Couples Who Do End Up Making Their Marriages Work Versus Those Who End Up Divorcing, What Would You Say Are Some Of The Best Ways For Married Couples To Discuss And Handle Their Finances? Should We Do Separate Accounts, Joint Accounts, Or Both? Do We Give Each Other A Little Bit Of Financial Privacy To Some Degree, Or Is It Full Disclosure? Do We Have To Agree On Everything? Learn here:

https://divorceguruny.com/best-ways-for-married-couples-to-handle-their-finances/