Equitable Distribution

Divorce

This office can help you resolve your equitable distribution issues utilizing the process selected that best fits your situation. When working as an attorney, either in a traditional role or collaborative case, Darren M. Shapiro, Esq. arms his clients with the knowledge about how marital assets are equitably distributed upon the dissolution of a marriage in New York. Darren brings this knowledge to bear upon helping mediating couples formulate settlements. He knows the issues that need to be addressed and should be discussed in a divorce mediation. He diligently protects his client’s rights that are litigating their issues in a divorce or post-divorce proceeding in the New York City, Long Island or surrounding areas Supreme Courts or on an appeal. This office strives to remain ever vigilant about the appropriate times for our clients to talk settlement or to litigate. Darren M. Shapiro, Esq. adopts the interests of his clients which is usually to structure a settlement on the equitable distribution of the marital estate at the earliest possible juncture.

The equitable distribution law in New York is for assets acquired during the marriage to be distributed equitably among the parties to a divorce. Although equal distribution can be the starting premise, this is not what equitable disribution means or requires. Equitable distribution means the distribution that is fair. Darren will work with mediating couples to come to an understanding about what is fair and appropriate for their particular case. All the participants in a collaborative case will work together to structure a settlement that is equitable. Darren is a trained mediator, collaborative attorney and litigator. He uses his knowledge and years of experience, when it is called for, to argue why something other than equal distribution of the marital assets should be made in a particular case when he is retained as an attorney. Favorable settlements are explored, but when settlements are not feasible right away, Darren is not afraid to litigate. He can represent you from the inception of the case through the trial and the Judgment of Divorce which will decide the equitable distribution of that case. If appropriate Mr. Shapiro can pursue or defend your case on appeal as he is also an experienced appellate attorney.

This office has worked with numerous husbands, wives and spouses on their equitable distribution issues in litigations, settlements and mediations. Pre-nuptial, post-nuptial and separation agreements are matters handled by this office. Marital agreements can be closely scrutinized to see if it is appropriate to ask a court to set it aside for fraud, overreaching, or unconcsionability. This office will work with you to structure or review your pre-nuptial, post-nuptial or separation agreement’s equitable distribution and other provisions. Darren endeavors to be approachable and available so that all of his client’s needs and concerns are addressed. At the outset, the method that will work best for you will be discussed. The general categories for case resolution approaches are mediation, collaborative law, settlement discussions or litigation. Mr. Shapiro has the skills, experience, and training to work with you in any of these methods.

Marital property and separate property should be categorized in each case. Arguments can be made for distributions upon the increase in value that a spouse helped make for what started off as separate property. Mr. Shapiro has experience making these arguments and will help spot these issues with his clients. We will work hard to ensure that full disclosure and discovery of assets is made. Valuations of the assets can be settled upon or experts can be enlisted whether by the parties themselves or by a court order to aid in the valuations. The experts can be appraisers, accountants or other entities or individuals that have the knowledge to give an opinion that the court will trust and the parties can rely on. Experts can be retained in mediations and collaborative cases to help get past the sticking points. After valuations are made, when acting as your lawyer, it is this office’s job to help argue the fair distribution of that asset. Sometimes the issue may be the value of a business or the enhanced earning potential derived from a license or degree acquired during the marriage.

The New York Domestic Relations law contains that factors that should be considered when deciding how to equitably distribute marital assets. Mr. Shapiro is familiar with the factors and can help utilize them to aid couples in their discussions about resolving the situation. It might be appropriate to emphasize or deemphasize one or more of these factors. He will help make the right arguments for you as your attorney. Some of the factors listed in the statute include, but are not limited to: the assets of both coming into the marriage and at the time of the divorce filing; the length of the marriage; the ages and health of the husband and wife; the maintenance ordered (aka alimony); contributions by the non-title spouse; the future financial situation of both parties; wasteful dissipation of marital assets; tax issues; pre-divorce transfers for less than value; and other factors expressly found to be fair and proper.

Please click around the rest of this site and our blog for further information about equitable distribution, matrimonial, family law, mediation, and collaborative law. Call for or to schedule your free initial consultation. It will be our pleasure to speak with you about your case.

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