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Divorces can bring high-stakes decisions with lasting consequences. Working with an experienced family law attorney helps you take an active role in the court process so your parental and property rights are safeguarded. A SoHo divorce lawyer can review your case and learn about your priorities before developing a strategy that works to achieve your aims through skillful negotiations or focused litigation.
Since 2005, The Levoritz Law Firm has represented executives and high-earning spouses going through divorces involving large estates and complex property division disputes. When managing family law cases, we take a holistic approach by considering the long-term consequences of important decisions.
Once we understand your goals and priorities, we can tailor our strategy to focus on protecting your rights through decisive litigation and a willingness to file first. When you hire a divorce lawyer from The Levoritz Law Firm, you gain an ally who understands that these types of cases are emotionally complex but also require firm representation with the goal of upholding your interests.
Our award-winning attorney helps clients navigate complex divorces by standing with them through thick and thin. He understands that family court cases can involve false accusations that must be quickly and decisively addressed. Effective legal representation comes down to problem-solving and thinking outside the box when needed.
According to data collected by the National Center for Health Statistics, the divorce rate in New York is around 2.4 per 1,000 residents. This rate aligns with the national average of 2.4 per 1,000 population, based on the 45 states that report this information.
New York is a no-fault state for divorce. This means that either spouse can file for divorce without having to specify a reason for the petition. However, New York actually recognizes seven grounds for divorce. These grounds are:
Before filing for divorce in SoHo, your SoHo divorce attorney needs to verify that you meet the strict residency requirements for New York. You have to establish residency in the county where you wish to file. This can be done in one of three ways:
Once your attorney files the legal paperwork at the New York State Supreme Court at 60 Centre Street in New York City, your spouse must be notified. After your spouse has been notified, they have to respond. Your spouse can either agree to the divorce, resulting in an uncontested divorce, or they can disagree and begin the process of a contested divorce. Your divorce attorney can walk you through the process regardless of how your spouse responds.
One of the most complex parts of the divorce process involves dividing the estate. New York follows an equitable distribution system, meaning that marital property is divided based on what is most fair to the parties involved. Child custody matters are decided based on the best interests of the child. Parents are encouraged to work together to agree on custody rights, but conflicts often require involvement by the courts.
During the divorce process, the court recognizes three distinct types of property. The only exceptions are those that have been agreed upon by both spouses through the creation of a prenuptial or postnuptial agreement. These agreements create plans for how assets are to be divided in the event of a divorce. If the agreement is legally binding, it supersedes the normal equitable distribution by the court.
The court can rule on which property is considered marital property versus separate property if there are concerns from either spouse before deciding on how items are to be distributed.
Starting from the date of marriage until the date of separation, a couple’s marital estate includes assets and debts acquired by either spouse, regardless of whether or not the other spouse has knowledge of these items. With a few exceptions, marital property includes:
During the divorce process, separate property is not included in the marital estate, and as such is not subject to equitable distribution. The courts do not consider how much separate property either spouse has when distributing the marital estate. Most separate property is acquired prior to the marriage, but there are some exceptions that classify assets gained during the marriage as separate property. Separate property includes:
One issue that could arise when separating your marital property is the difficulty of separating commingled property. When separate property is mixed with marital property, it is said to be commingled. The difficulty arises when trying to distinguish the separate property from the marital property.
Although separate property that has been mixed with marital property is still technically owned exclusively by the original owner, the challenge comes with proving original ownership. If you do not have documentation proving ownership, the commingled property is divided the same as marital property. Some common commingling situations include:
The median household income in Manhattan is around $101,078, and many spouses earn far more than that figure. High-earning spouses often face numerous challenges when dissolving a marriage. Calculating the value of their estate can be a daunting task, especially when there are multiple properties involved.
Divorces involving large estates can also involve challenges with disclosures and transparency. The courts require all parties to a divorce to be honest about financial disclosures, but that doesn’t stop some individuals from thinking they can hide assets from the courts.
Other common obstacles in a high-net-worth divorce are family-owned businesses. The decision of whether to continue co-ownership of a company or for one spouse to buy out the other can create unique and complex challenges.
If you have concerns about protecting your parental and property rights during a divorce in SoHo, your top priority should be to hire a divorce lawyer who understands New York’s divorce laws and how to secure favorable outcomes in court. Trying to manage a divorce case without strong representation could leave you without the financial resources you need to rebuild and move forward after the divorce.
A SoHo divorce attorney can take the time to learn about your background, the time you’ve spent child-rearing, and your goals before tailoring a strategy that works to achieve your goals in court. Attorneys are skilled negotiators and litigators who prioritize your interests and rights. Throughout the process, they can work to stay one step ahead of your spouse so you are not left reacting to decisions that could affect your future.
High-earning spouses in SoHo can face unique challenges in court. They may have concerns about protecting their privacy and preventing their finances from becoming public record. They might be worried that their spouse is concealing assets. Accounting for a large marital estate can be an imposing challenge that requires the help of outside consultants. All of these challenges are solvable with skilled legal representation.
Your spouse may be hiding assets from the court if they exclusively controlled and managed your finances during the marriage. Other signs could include notifications of new bank accounts or abrupt changes in their spending habits. If your spouse evades questions about finances, it may be time to speak with an attorney. The courts require both parties to disclose their finances.
You can protect your property rights in SoHo by taking the time to find an attorney with years or decades of experience helping clients secure fair outcomes to their divorce. Without skilled legal representation, you may fail to identify separate property that you do not have to divide. An attorney can also make sure that your spouse discloses their finances so the estate can be divided equitably.
Yes, an attorney can protect your custody rights in New York by taking decisive action in court. Rather than waiting to react to your spouse’s actions, your attorney can learn about your goals and past parenting responsibilities before presenting evidence that shows your important role in your child’s life. If disputes arise, legal counsel can play a key role in refuting false accusations and showing the courts that your custody rights align with the child’s best interests.
Whether your primary concern is protecting your parental or property rights, The Levoritz Law Firm can guide your case with a focus on protecting what matters most. When we represent a client, our goal is to see that they come through the divorce process with favorable outcomes that protect their priorities. Our legal team is willing to do whatever it takes within the bounds of ethics to assist you throughout your case.
We understand that our clients come to us seeking solutions to complex problems. While other firms take a cookie-cutter approach to litigation, we are prepared to think outside the box when addressing complex challenges. Contact our office today to work with a law firm that can empower you to achieve your goals in court. We offer in-depth consultations so we can fully understand your concerns during this difficult process.
This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by Founding Partner, Yonatan Levoritz who has more than 20 years of legal experience as a divorce & family attorney.
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