Experienced New York Divorce Lawyer Protects Your Rights
Divorce is an emotional rollercoaster ride. In addition to coming to grips with the end of your marriage, during this time you must also make important decisions regarding finances, children, parenting, and property. Divorce in New York is a complicated process, even for those couples who agree on many terms of the divorce and believe that their divorce will be uncontested. Having an experienced divorce lawyer by your side who will guide you every step of the way, protect your rights, and advocate on your behalf can bring the most favorable outcome in your divorce.
Frequently Asked Questions
Family law cases, including going through a divorce or handling a child-related matter, can bring about many challenges and confusion. Hiring an experienced family law attorney is one of the most important steps to help ensure your rights and interests are protected throughout your case.
Still, even with legal representation, you’ll likely be heavily involved in your legal matter. For this reason, it’s particularly helpful to understand the process concerning your case, from filing your petition in court to finalizing the matter and everything in between.
Knowing what to expect and how to handle everything that may come your way can aid in minimizing your stress and giving you some peace as you navigate your family law matter alongside your attorney.
Lisa Zeiderman, Esq. aims to provide clients with the guidance, advice, and compassion they need during a trying time. Join Ms. Zeiderman as she answers some of the most asked questions related to family law.
How Do I Prepare for Divorce?
From Lisa’s interview for the Masters of Family Law series on ReelLawyers.com.
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I would say the divorce process starts
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the minute that someone walks into my
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office for a consultation now sometimes
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they do it by Zoom since we’ve been
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through covid and sometimes they may
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even do it by phone but it’s the minute
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that we have that first meeting that the
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divorce process starts because that’s
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the time I’m going to learn about you
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and your family and I’m going to
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understand what hopefully you know about
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assets liabilities the finances in
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general what your relationship is with
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your children what the other party’s
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relationship with your children is also
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so who is for example the primary
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caregiver who takes the children to the
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doctor or goes to the parent teacher
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conferences or works with you know the
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other parents to organize play dates
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does the homework with the children
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picks up the children from school gets
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the children to the bus maybe in the
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morning I’m going to learn about that
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during that first consultation I’m going
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to learn about how you co-parent what is
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the demeanor in the household is
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everyone just frankly yelling and
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screaming at each other or is it calm
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and and very civilized how are you
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co-parenting with the other parent I’m
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also going to learn about what the
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income is of each of you and so I
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usually ask what are the assets what are
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the liabilities what is the income what
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does it all look like and then we go
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through the process of what will it look
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like later and obviously I don’t have
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that crystal ball if I did it would be
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great but I don’t have that crystal ball
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to say what absolutely will happen but I
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can give a range usually of what will
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happen in a particular matter based upon
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experience and based upon you know what
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I know in terms of case law and what
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area you may be in which county you may
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be in what certain judges may think Etc
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and then we will finish the consult and
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either someone will retain me or not at
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that point or go and think about it and
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have other consultations if the person
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retains me then we get started and we
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get started as if we are preparing for
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two things simultaneously settlement or
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if it’s not settled litigation and by
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the way just because we’re going into
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litigation doesn’t mean that there may
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not be a settlement at some point during
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the litigation and we will be preparing
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the case as if we’re doing both which
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means we will be gathering the documents
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from you and from your spouse we will be
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sending out Discovery demands we will be
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taking a deposition perhaps we will be
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putting together a settlement proposal
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depending upon whether we know enough to
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do that whether you as the client know
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enough to do that that’s the big
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question always we want to put together
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a settlement proposal that takes into
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account that you know what the assets
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liabilities the support that you’ll need
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the support that actually supports your
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lifestyle just to some degree and so we
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put all of that together and we get
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ready for either a settlement or
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litigation and we take it all the way
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until there’s a settlement that means
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doing the discovery sending out the
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notices doing the net worth statement
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sending out deposition demands doing a
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deposition perhaps having conferences in
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court perhaps having settlement
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conferences doing all of those types of
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things and then hopefully we reach a
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resolution and it’s so important to
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reach that resolution because trial is
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an expensive process and so we try to
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reach a resolution in many of our cases
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and in many we succeed but in the ones
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that we don’t succeed in reaching
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resolution we move forward to prepare
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for a trial We Gather our exhibits we
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outline Our Testimony we work with our
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client we prepare our client for what
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they’re going to feel like in that
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courtroom and then we actually conduct
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the trial if necessary
Divorce is difficult. The thought alone can be overwhelming. However, properly preparing can have a positive impact on your experience and case results. When you prepare for a divorce in New York, you should take the following steps:
● Hire a New York Divorce Lawyer: It’s best to do so as soon as possible
● Learn About Divorce Laws: Prepare yourself by learning about statutes like New York marital property laws
● Gather Critical Information: Compile relevant documents, especially about your financial information, quickly
● Get Finances in Order: Take whatever financial steps are necessary to prepare for your divorce
● Deal With Emotions: It’s best to face your feelings about your divorce head-on
It’s beneficial to consult with a New York divorce attorney early on in your decision to proceed with your divorce. While the divorce process can seem daunting and confusing, a skilled lawyer can help provide much-needed guidance that prepares you.
What Is a Deposition?
A deposition is a question-and-answer session. While depositions take place outside the courtroom, witnesses being deposed are still under oath.
During a deposition, attorneys have the opportunity to ask witnesses questions concerning the case. Depositions are used in all types of civil claims, including divorce cases, to gather important information.
Witnesses who may be deposed in divorce proceedings include spouses, family members, forensic accountants, and many others, depending on the circumstances. Depositions are scheduled ahead of time, giving witnesses time to prepare.
From Lisa’s interview for the Masters of Family Law series on ReelLawyers.com.
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a deposition in a family law case is the
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time for your attorney to be asking
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questions of the other party which would
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be your spouse and sometimes non-parties
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which may be employers or other people
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who have financial information about
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your matter you are literally in a
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lawyer’s office usually you’re present
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your spouse is present your the other
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attorney is also present and there is a
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reporter who is literally typing all of
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the information and getting down what
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what someone is saying both the
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questions and the answers it also is a
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time that the person is sworn under oath
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very important because they are now
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giving testimony and that testimony if
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there’s a trial can be used to actually
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either impeach the person or to remind
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the person of what their testimony was
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during the deposition it’s a Time to
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learn about the assets the liabilities
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the expenses so that you can formulate
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either a settlement proposal to get to
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settlement which is so important if you
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can do that or to prepare for a trial of
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the matter if it’s the case is not going
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to be settled
How Do I Prepare for a Deposition?
First and foremost, do not panic about having your deposition taken. It’s an entirely normal step in the divorce process. Additionally, attorneys understand the nerves, stress, and uncertainty deponent spouses feel before a deposition.
Make sure to get some rest before your deposition and dress appropriately the day of. During your deposition, answer questions truthfully and keep them concise. If you don’t understand a question, it’s okay to ask for clarity. Take your time to ensure that you fully comprehend what’s being asked and formulate your answer.
Your divorce attorney can assist you with deposition preparation. You can count on your lawyer to give you specific instructions and help you feel as prepared as possible.
How Do I Prepare for a Spouse's Deposition?
When your spouse is the deponent, your experience will be different. Instead of the attorney asking you questions, your lawyer will ask your spouse questions instead.
During your spouse’s deposition, try to remain calm and collected. No matter how the deposition goes, don’t interrupt the questions and answers. Should you have questions or doubts after the deposition, you can address them directly with your lawyer at another time.
What Is Discovery?
Discovery is the phase in a legal case that allows both sides the chance to request and obtain pertinent information for their cases. In general, the discovery portion of a case is all about information gathering.
During discovery, your divorce lawyer can assess the strengths and weaknesses of your case as they work on it. Discovery occurs after you’ve filed your case in court but before going to trial.
Discovery is often the most lengthy stage of a divorce proceeding. How long it can take depends on several factors, including the complexity of the situation and the willingness of each party to collaborate and move the case along. Discovery for high-income divorce cases is often lengthy.
From Lisa’s interview for the Masters of Family Law series on ReelLawyers.com.
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Discovery is all about the financial
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issues in New York we don’t have
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Discovery for custody issues now I know
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that’s not true across the country but
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in New York which is where I practice
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there is no Discovery for for custody
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and we’ll talk about that in a second
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but there is definitely Discovery for
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financial issues so what does that mean
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it means first of all you would normally
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exchange what’s called statements of net
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worth they’re sworn to you put all of
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your expenses and you usually use the
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year prior to figure out what your
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expenses are per category so there’ll be
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all sorts of categories your rent or
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your mortgage your H your taxes um
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vacations clothing food groceries dining
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out your children’s extracurricular
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activities educational expenses all of
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that goes in the beginning of the net
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worth statement and then you’re going to
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move on to the assets and the
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liabilities and you’ll then have what’s
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called a sworn statement of net worth
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those are exchanged that is the
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beginning of the discovery process now
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you have the framework for what are the
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assets and the liabilities hopefully now
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sometimes your spouse may not actually
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put down all of the assets and the
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liabilities and they may not accurately
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report what the expenses are perhaps
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they think if they don’t accurate
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accurately report the expenses they may
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pay less support or perhaps all of the
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assets and liabilities aren’t there
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because they made a mistake an honest
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mistake or perhaps they deliberately
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didn’t put these these assets and
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liabilities down because they just
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didn’t want you to know about them and
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so now here comes the difficult part
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this is the part where you’re actually
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sending out what are called Discovery
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demands now demand is a harsh word but
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that’s what they’re called they are
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demands for certain documents and you’re
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going to be looking at credit cards
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statements and bank statements and
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perhaps other documents if there’s a
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business involved you may be looking at
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General ledgers and you may be looking
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at loans that were taken for the
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business and you may get financial
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statements that have been offered to
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Banks and other entities and you’re
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going to do a very thorough look at the
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tax returns both business and personal
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and this is when all of this discovery
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comes in then you’re going to see what’s
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missing from the discovery is the
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Discovery deficient
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and that’s very important because you
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need to know if the discovery is
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deficient have things been left out are
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there years left out are there credit
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card statements left out are you seeing
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a payment for example to American
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Express from the checking account but
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there’s no American Express statements
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being shown to you that is a red flag is
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something on the net worth statement but
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you’re not getting the documentation
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from it for it is something being
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transferred to another account but you
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don’t have that account information is
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something listed on the schedule in the
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tax return are there accounts showing
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dividends or distributions but they’re
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not on the net worth statement and you
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have no documentation for it you’re then
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going to send what’s called a deficiency
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notice as to what you believe is
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deficient from your discovery that
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you’ve just received pursuant to your
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Discovery demand and then you’re going
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to probably go to the next step and that
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is taking a deposition which is asking
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questions under oath of the other part
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party and that is very important it’s
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important to understand what the assets
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and the liabilities are and sometimes
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the assets and the liabilities are
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complex there may be for example hedge
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funds perhaps there’s restricted stock
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units perhaps you need to know what the
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vesting schedule is for those restricted
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stock units maybe there’s bonuses
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involved in compensation perhaps there’s
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a business and you have questions about
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the general ledger or how people are
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being paid or why they’re being paid
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certain amounts so this is the opp
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opportunity to ask all of those
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questions and you may work with an
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expert actually a forensic accounting
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firm that may help you formulate some of
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those questions or real estate experts
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or valuators of software that someone
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may own this is all part of Discovery
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and it’s a process and it’s important
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that you go through that process
What Is a Summons?
A summons serves as legal notice to a spouse about the impending divorce case. Usually, the spouse who files the divorce petition in court is the petitioner. Once they’ve initiated the divorce case, they must serve the other spouse — the respondent — with copies of court filings, including the summons.
The respondent spouse then receives the summons. At that point, they are officially on notice of the divorce case.
What Is an RJI?
A request for judicial intervention (RJI) is a request that the court become involved in a
divorce case. An RJI results in the assignment of a judge to your divorce case who will oversee the action until the case is resolved. An RJI must be filed no later than 45 days from the service of the summons. Otherwise, the spouses have 120 days to file the RJI from the date of service if a Notice of No Necessity was filed by both parties. The purpose of a Notice of No Necessity is to indicate that an amicable resolution is possible
The respondent spouse then receives the summons. At that point, they are officially on notice of the divorce case.
What Is a Preliminary Conference Order?
A preliminary conference is a meeting between spouses, their attorneys, and the judge assigned to the case. During the conference, initial case matters are addressed, including a discussion of issues such as asset division in divorce and the establishment of discovery deadlines.
Additionally, spouses and their attorneys fill out a Preliminary Conference Order to identify unresolved issues that require complex divorce litigation. Both spouses and their lawyers must sign the order. A preliminary conference must be held within 45 days of filing the RJI.
How Long Does Divorce Take?
There is no set timeline for a divorce; they can take several weeks to a year and beyond. Instead, the time it takes to finalize a divorce depends on many factors, including how involved the case is, how long it takes to complete discovery, and how inclined each spouse and their attorneys are to work together on divorce settlement strategies. Certain types of divorce cases, like contested divorce or high-asset divorce, can take longer to finalize. Still, a high-asset divorce lawyer in NYC can do everything necessary to try to settle important matters and get you divorced as fast as possible.
How Do I Fill Out a Net Worth Statement?
A statement of net worth is a necessary document in contested divorce cases in New York, especially in an asset protection divorce. It includes information concerning your income, expenses, assets, and debts. And because it is a sworn statement under oath, you must answer all questions truthfully and to the best of your abilities.
The net worth statement can be particularly involved and difficult to complete. You’ll need plenty of information and will likely have to rely on financial documents for details. Fortunately, a high-net-worth divorce attorney can assist you with filling out your statement of net worth.
It is important to note that the net worth statement must be completed and exchanged by 10 days before the preliminary conference. Your divorce attorney can help ensure the statement is completed in a timely fashion to avoid any potential issues.
Getting Legal Help With Your New York High-Net-Worth Divorce
When you’re facing a divorce, you want to ensure you have the best wealthy divorce representation. A qualified New York divorce attorney who handles high-net-worth cases can provide quality representation from beginning to end.
Lisa Zeiderman is a divorce lawyer highly experienced in helping wealthy individuals divorce. Ms. Zeiderman is particularly skilled with finances, allowing her to provide divorce financial planning strategies to get you through your post-divorce life. Contact our New York firm today to get started on your case.