“Service”: this little mistake can ruin your divorce

TearsJoan was a mess: tears streamed down her face carrying trails of mascara with them. Her hair was matted in the back and she clenched a bag of papers. “I can’t tell you where we are at here if you won’t hand me what you received,” I reminded her. Reluctantly she showed me the Summons.

“He’s divorcing me!” Joan bawled. “How dare he give me these papers at dinner – it was supposed to be a talk about our future!” Poor Joan had a right to be angry. Obviously the communication skills were seriously lacking if her husband felt the need to give her divorce papers in lieu of a conversation about it first. But there was one, small technical problem: “That wasn’t valid service,” I told her. Continue reading ““Service”: this little mistake can ruin your divorce”

The #1 Secret Weapon And Surprising Best Friend In Your Divorce

calculator
Meet your new BFF

Mark was confused: his wife was demanding their co-op apartment in the divorce, and he felt – deep in his heart – that she should have it. His friends and coworkers were telling him it was a bad deal to trade-off paying her “alimony” and give her the apartment. And so was I. When Mark came in for our next appointment, I showed him my number one secret weapon in divorce – and his new best friend: a calculator.

“When you break down the tax benefits to paying ‘alimony’ and look closely at avoiding capital gains in a sale of the home, you are losing,” I told Mark. And so did the calculator.

Once Mark and I factored in the costs of litigation (best-case and worst-case), and examined his investment and retirement accounts, he had a choice: would he give up $175k in exchange for a “quick” settlement? Finally, Mark saw the light and went to a CPA and a realtor to confirm our rough estimates. Continue reading “The #1 Secret Weapon And Surprising Best Friend In Your Divorce”

“I Do” Podcast: Tips From Divorce To Save Your Marriage

IDo-Final300pxThe other day, I had the pleasure of speaking with Chase Kosterlitz and Sarah Byrne, hosts of the I Do Podcast, a forum aimed at inspiring young couples to create positive and happy relationships and successful marriages.

So why did they want to talk to a divorce lawyer? One benefit of seeing individuals and couples in the midst of divorce and family crisis may be finding common patterns and things to avoid. I provide my tips on how to avoid landing in my office.

Listen to the interview:

Continue reading ““I Do” Podcast: Tips From Divorce To Save Your Marriage”

Expert Check-in: Criminal Law Analysis of Felony Charges Against Congressman Grimm

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In continued media coverage over the criminal charges against Congressman Michael Grimm indictments, I had the chance to chat with the folks over at Brooklyn Brief, a new blog covering civic and political issues. Continue reading “Expert Check-in: Criminal Law Analysis of Felony Charges Against Congressman Grimm”