An Experienced Divorce Litigation Lawyer Protects What Matters Most to You
Despite the best intentions of one spouse to resolve matters by agreement using Mediation or the Collaborative Divorce Process, litigation is sometimes unavoidable.
- It takes both spouses to agree to use Alternative Dispute Resolution. If one side starts a divorce action, the other must litigate, as well.
- One spouse is looking to punish the other.
- One spouse is looking for it to be declared by a judge that he or she has been right; and that the other was at fault. A party wants their “day in court.”
- Despite stated intentions, a party is simply dragging their feet; refusing to reach an agreement or to meaningfully participate at the table.
- There may be domestic violence.
- There may be drug or alcohol issues that cannot be handled in another forum.
- A spouse may not be committed to financial transparency. Complete, truthful disclosure may not be forthcoming. Resort to formal financial discovery may be necessary.
- Parenting issues may have to be addressed with a court-appointed Attorney for the Children and a forensic evaluation of the parties by a court-appointed mental health professional.
- One or both parties may not follow through on financial or behavior commitments; court-ordered enforcement methods may have to be used.
Sometimes litigation is the only option. When going through the trauma of divorce litigation, you need an experienced ally on your side. You want a legal advocate with the skill to make the most of the opportunities available under the law.
Neil Cahn has decades of experience protecting the interests of clients in divorce litigation. That experience translates into efficiency, allowing him to resolve areas of contention in the most cost-effective manner while still advocating fiercely to achieve your goals in divorce.
Neil Cahn is compassionate and responsive. Despite his desire to resolve matters by agreement, he does not give up. A settlement will be entered when it is fair and reasonable, considering all of the available factors and the risks and rewards of continuing the litigation. On the other hand, if the settlement is not right, Neil Cahn will take the case to trial.
Most of Divorce Litigation Takes Place Outside the Courtroom
While many people tend to think of divorce litigation as attorneys making grand speeches in court, the reality is that most of the “action” occurs on paper. A skilled litigation attorney knows the strategies to file motions effectively, anticipate actions of others, and present persuasive arguments in writing so that by the time a matter is heard in court, the judge has all the information needed to reach a favorable outcome.
The exchange of information leading up to a divorce hearing can be the most lengthy and costly part of a divorce case. Understanding how to handle this process effectively to get the information you need without wasted effort allows our firm to keep expenses from spiraling out of control.
Neil Cahn’s ability to gather, organize, analyze and present financial data, whether a single bank account or tens of thousands of pages of documents, are particularly well-suited for divorce litigation.
Divorcing spouses and their attorneys often try a variety of tactics to beat the other side. A spouse may try to hide assets or make it difficult to fairly value complex assets such as business interests and stock options. They might try to alienate the affections of children. They might try to delay the divorce process to rack up extra legal bills and just generally make life difficult.
We’ve seen it all before, and we know how to manage these tactics to keep your case on track and moving in the direction you want.
Custody and Parenting Matters
There is no more tragic and damaging aspect of divorce litigation than a custody dispute. If an amicable resolution is available, it must be found. If not, the issues must be fully developed for the court to determine.
Unfortunately, putting a client in the best light sometimes means putting their spouse in their worst. While taking the “high road” may be desired, sometimes more is required. There are no second chances. A custody case must be fully prepared.
More than 40 years of experience handling parenting issues enables Neil Cahn to protect your rights in the best interests of your children. Whether the initial parenting plan needs to be resolved, or the plan needs to be enforced or modified, Neil Cahn can effectively present your position.
Maintenance and Child Support
Maintenance (spousal support) and child support payable after the divorce judgment is entered are necessarily determined in divorce litigation (or with Mediation or Collaborative Divorce, for that matter). Additionally, support while the divorce action is pending must also be resolved. Spousal and child support may also be determined in Family Court without there being a divorce action. Enforcement and modification of support orders may also be required.
Both maintenance and child support begin with calculations based on statutory formulas that presumptively result in the correct amounts, at least up to a point. However, after consideration of a number of listed factors, the formula calculations may be varied as unjust or inappropriate. Child support add-ons for healthcare, childcare and education must be considered. Although there are statutory guidelines, the term of post-divorce maintenance must be resolved.
As litigation counsel, Neil Cahn presents the necessary calculations to the court. Moreover, evidentiary support for the various factors that may affect the final awards must be gathered and then presented in a clear, concise and effective way.
Protecting Your Property Interests
One of the most contentious areas of divorce involves division of marital property. Areas of conflict include:
- Determining whether a particular asset or debt is the separate property of one spouse or is marital property to be equitably divided, or both.
- Ascertaining whether a spouse has disclosed all assets.
- Assessing the value of property.
- Analyzing tax issues.
In New York, courts divide marital property in a way the judge determines to be equitable; and equitable does not necessarily mean equal. We strive to ensure that all factors that influence the decision are presented persuasively to get your fair share of assets from the marriage and to keep you from being saddled with unfair amounts of debt.
Find Out How a Seasoned Divorce Litigation Attorney Can Help You Move Forward After Your Divorce
When it comes to divorce litigation, experience matters. The professionals at Neil Cahn, PLLC will guide you through the process, meeting your needs and protecting your interests every step of the way.
To schedule a consultation to learn more about how we could help you achieve your best results, contact our office today.