What Is The Law Regarding Divorce Fees/Costs in NYC?

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The good news is that NYC is part of state wide effort to make the divorce process faster and cheaper. In July of 2011, New York State passed a law which serves to allow couples to obtain a divorce without having to prove any timely and costly legal claims like adultery or abandonment. This innovative “No-Fault” divorce in our state allows couples to get divorced without making any one party at fault. Divorce attorneys can now provide client’s looking for an uncontested divorce with a cheaper, easier and less time consuming divorce.

When it comes to divorce one of the first things that comes to mind is how much will it all cost? The short answer: it depends if it contested or uncontested and how hard the sides battle in the event it is contested. uncontested divorces are fast & easy while a contested divorce can go past settlement and deep into trial. In most cases the couple will be able to save a lot of legal fees by coming to mutual agreement and filing for an uncontested divorce.

If divorce is contested, both partners usually pay the court fees and legal fees upfront. Some people have their attorney’s request for their spouse to cover a portion of their fees or the whole thing. It is also common for a judge to order one spouse to cover all legal costs involved. This is determined by a number of factors such as which of you filed for the divorce, if one partner is a stay-at-home parent, and who has a more capable divorce lawyer.

Here is a list of things that will determine how much divorce can cost:

Your divorce lawyer’s legal fees

When it comes to divorce, you don’t want to skimp on attorney fees. Find a NYSBA authorized divorce lawyer who will protect you and your interests. With enough searching, you may be able to find a lawyer who won’t charge incredibly high fees. Most divorce lawyers usually charge a lot but they usually provide good work to back it up.

Settlements

The divorce proceedings will cost significantly less the more you and your spouse can come to terms and agree on all matters involved and avoid trial as fast as possible. Lengthy settlements or drawn out court cases about marital property, child custody, and child support can cost a pretty penny. These factors constitute the major expenses in most divorces.

Will you fight for custody of your children?

Fighting for custody over your children will bring up several fees including psychiatric evaluations, witness testimonies, etc. Fighting for custody also means more work for your lawyer who is likely to be billing you by the hour.

How much marital assets and debts is there?

If you have gathered significant amounts of debts and marital property, you may need to hire a certified divorce financial analyst, or a pension fund expert. This would be additional expenses added on top of all your legal fees. One should seek advice from a divorce attorney regarding the effect that any debt, assets and property will have on their case.

Your legal strategy and your spouse’s legal strategy

This simply highlights the importance of picking legal representation you are comfortable and see eye-to-eye with. If either you or your spouse’s attorney chooses aggressive one-sided strategies, you will be the one footing the bill. Some divorce lawyers choose more adversarial tactics since it means more money for them.

Legally, you can always fire your legal representative and find another one if you want to try a different more practical approach. What really determines the cost of divorce is how much you and your spouse are willing to work with each other to fix your issues. Settling things outside of court from the get go will be the key to save money. This will allow you to take advantage of the aforementioned “NYC No Fault Divorce Law” If both of you cannot put your differences aside prepare your wallets and free up your schedule.

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Contributed By A New York State Bar Authorized Attorney

Medicaid Planning 101: Flushing Away Your Elder Law Concerns

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Avoiding Medicaid liens on ones home is a crucial part of planning for your future. Making NY states elder Laws work for you requires learning about your rights in regards to protecting your home. Nursing home care is very expensive and if covered by medicaid the government can put liens on ones property. An irrevocable Medicaid Trust is one strategy to avoid these liens which also happens to be a very flexible strategy. Others use a plan which involves the transfer of ownership of a home to someone in their family. The original owner can protect themselves under this ownership transfer with what’s called a “life estate”.

Irrevocable Medicaid Trust

This process requires ones home and assets to go into a trust which is managed by a member or members of your choice. One can choose anyone they confide in to be your trustee except for your spouse. Some of the benefits to this strategy include rent that the property generates, the right to live in your home for as long as you and the spouse are alive and many tax benefits. After death the funds are distributed exactly how one selected for them to be distributed.

Life Estate

Similar to a Medicaid trust, one can be assured of their right to live in the home for as long as they are alive and collect any rent profits. Life Estate’s have shorter penalty periods and are easy to create and implement. This makes a “Life Estate” a more frugal choice in comparison to a Medicaid Trust. However, when you transfer your property under a Life Estate arrangement you lose your right to sell the house without the consent of the other party. You also lose the right to change ownership of the property down the line without the consent of the other party.

For a complete list of the advantages and disadvantages of the Life Estate process versus the Irrevocable Medicaid Trust process read this article about Medicaid Planning laws & the Life Estate deed.

Planning your future in accordance to NY state Elder Law can be very complicated. Medicaid planning and elder lawyers should be consulted before any major decision is made.

This information was contributed by: Law Offices of Roman Aminov 147-17 Union Turnpike Flushing, NY 11367 (347)766-2685. Roman Aminov is an Estate Planning Attorney in the NYC area. Roman runs an Elder Law Firm in Flushing, NY.  Roman’s writings on estate planning and elder law topics are published regularly in magazines across the New York Metropolitan Area.

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My Workers Comp Claim Was Denied: Whats The Law?

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The question that was recently posed to me was regarding denied workers compensation claims. Claims made for gradual work-related illnesses like cancer, heart attacks, and Carpal Tunnel Syndrome are rejected most of the time. Even claims for blatant workplace injuries resulting from falls, machinery malfunctions, and other work-related accidents that occur daily in New York are rejected at a very high rate. Why are the workers claims made on such injuries rejected so often? The reason is that it’s very easy for a workers compensation insurance adjuster to decide and convince the worker that the injury is not work related or the compensation desired does not fit the bill. Doctors can often make mistakes as well in the way they portray your injury in relationship to the workplace. Often, the application that one submitted has issues in itself and due to these inherit issues it will therefore get rejected.

Hiring a workers compensation lawyer from the beginning would have been the best bet but now that the claim has been denied it’s time for a legal hearing. At this point the worker will have a chance to prove their case to the doctor, to the insurance adjuster and to the Administrative Law judge. Generally they will try to offer a very conservative settlement for whatever hardships and expenses one had to endure. That is exactly why it is so important to hire an attorney for this legal hearing.

If you would like to learn more about our workers laws here in the city of New York we would like to invite you to read this informative Workers Compensation resource.

This information was contributed by the: Shulman & Hill Workers Compensation Firm 44 Court St #808, Brooklyn, NY 11201 (718) 852-4700 shulmanwc.com

Alex Shulman is a Workers Compensation & Social Security Disability Attorney in the Brooklyn, NYC area. Alex’s informative writings on Workers & Disability law are published and revered across the New York region.

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What’s The Law For An Uncontested Divorce in New York?

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In the state of New York, a couple can get divorced without the intervention of a court of law through a divorce agreement or settlement. As long as the parties agree about the future of their property, finances and children it will be referred to as an “uncontested divorce”. This is a quick process which usually does not involve the need to appear in court. Sometimes an uncontested divorce is referred to as “on consent,” as the defendant agrees to divorce with the signing of the required documents. Other times an uncontested divorce is referred to as “on default” as the defendant does respond to a summons with a notice that is served to them.

If you would like to learn more about our local divorce process read this informative and to the point Divorce guide for residents of NY.

This valuable information was contributed by the: Law Offices of Nathan Pinkhasov 95-20 63rd Road, Suite B Rego Park, NY 11374 (718) 459-2600 nathanpinkhasov.com

Nathan Pinkhasov is a Divorce Attorney in the Queens, NYC area. Nathan’s informative writings on Matrimonial & Divorce law are well recognized and published across the five boroughs of NYC.

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When Death Occurs With No Will: The NY Law

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It is advisable for everyone to make a will at one point of their lives. The question becomes what happens if one passed away without leaving a will. New York State law refers to someone who died without a will as an “intestate”. Should this “intestate” have any joint or beneficiary designated accounts they will automatically pass on to the selected parties. Otherwise, a process called estate administration takes place at the Surrogate’s Court in your county. They are the ones that have jurisdiction over the estate and will distribute the assets according to New York’s intestacy laws.

First up is the surviving spouse. Before anyone get’s anything they will be entitled to the deceased’s cash (up to $25k), car (up to $25k), household items (up to$20k) and other personal valuables (up to $2,500).

Want to know what happens with the rest of the assets as well as how the surviving children our factored in? Read the brief and concise guide on Intestacy Laws: Dying With No will in NY now.

This information was contributed by: Law Offices of Roman Aminov 147-17 Union Turnpike Flushing, NY 11367 (347)766-2685. Roman Aminov is an Estate Planning Attorneys in the NYC area. Roman’s writings on estate planning and elder law topics are published regularly in magazines across the New York Metropolitan Area.

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The “Whats the Law For…?” Blog: Grand Opening 05/13/2014

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This blog was created by real lawyers in the greater New York City area who want to help the general public get the laws in NYC as well as relative New York State laws clear. We will publishing articles about laws along with their relevant details which will be written by real attorneys in our area. The first step to finding a lawyer is understanding the law that pertains to your issue. We will be providing valuable information from all spectrum’s of the local law. Whether you have questions about Estate, Workers, Employment, Divorce, Family, Injury, Malpractice, Traffic, Criminal or Corporate law you will be able to find the answers that you are looking for.

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