 Equitable
Distribution
- New York is an Equitable Distribution State.
We specialize in complex equitable distribution
cases. Although equitable distribution litigation
can be complex with high net worth spouses, it
is based on the basic principle that a marriage
is an economic as well as social partnership.
The law divides property as either separate
or marital. If separate, it stays separate.
If marital, then it will be distributed "equitably" or "fairly" .
What is "equitable" is decided
either by the spouses and their lawyers or
by the Court. The Court may consider under
New York Domestic Relations Law Section 236(B),
the length of the marriage, occupation of
the parties, conduct of the parties, employability
of the parties, and other factors enumerated
therein.
There is no special rule relating to the
marital home in a divorce. The Court has
the power to order the house or co-op sold,
or may order that it be sold when the children
finish high school, particularly when the
children of a long marriage have known no
other home. Or it may take into account whether
other suitable housing in the same neighborhood
is affordable and available. The spouse who
has "custody" of the children usually
stays ("use and occupation of the marital
home"). Which is why who gets custody
is partly a cause for strenous negotiation
and litigation and trial. Hence, another
good reason to make sure you get a good trial
lawyer rather than find yourself looking
for one two weeks before the trial. |
|
Free
Consultation
We
guarantee a free telephone
consultation that is private
and confidential the same
day you place the call to
our office. We are at your
service. |
Our
Guarantee to You
Should your child custody or equitable distribution case go to trial,
we guarantee that your trial will be handled by Z.G. Najdovski, Esq.
personally. |
Contact
Us Today
Via secure email, or
by phone for a free consultation with
a same day reply guarantee. |
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