Going through divorce is difficult enough and choosing the right divorce attorney is one of the most important decisions you will make. Your decisions during your divorce will impact the rest of your life. Even after a divorce is finalized, either spouse has the right to appeal the judgment, challenge the stipulation of settlement, or seek a modification of support.
You need straight answers and a lawyer with the experience and skills to obtain the solution that is right for you. A experienced appeals attorney will be able to craft a strong brief which will focus on errors made by the trial judge. An effective brief will be able to convey complex matters in a clear fashion to allow the appellate division to focus on the legal analysis.
For over 25 years, we have successfully represented individuals in appeals. Many times divorces go hand in hand with foreclosures, and a qualified foreclosure attorney who is well versed in foreclosure law can identify those times when it is possible to increase the size of the marital estate when a foreclosure may be stopped.
You need straight answers and a lawyer with the experience and skills to obtain the solution that is right for you. A experienced appeals attorney will be able to craft a strong brief which will focus on errors made by the trial judge. An effective brief will be able to convey complex matters in a clear fashion to allow the appellate division to focus on the legal analysis.
For over 25 years, we have successfully represented individuals in appeals. Many times divorces go hand in hand with foreclosures, and a qualified foreclosure attorney who is well versed in foreclosure law can identify those times when it is possible to increase the size of the marital estate when a foreclosure may be stopped.
Services
Approximately half of all marriages end will end in divorce.
When couples divorce, there are almost often significant financial issues which must be resolved.
When there are children, custody, decision making, parenting time and child support must also be determined.
If there is a significant disparity in each spouse's financial resources, spousal maintenance may be appropriate, and the spouse with less money may have a right to an award of counsel fees.
Many times couples do not marry.
When these couples part ways, their rights are more limited than a divorce and alternate remedies such as partition actions and constructive trusts must be used to assert the rights they do have.
When couples divorce, there are almost often significant financial issues which must be resolved.
When there are children, custody, decision making, parenting time and child support must also be determined.
If there is a significant disparity in each spouse's financial resources, spousal maintenance may be appropriate, and the spouse with less money may have a right to an award of counsel fees.
Many times couples do not marry.
When these couples part ways, their rights are more limited than a divorce and alternate remedies such as partition actions and constructive trusts must be used to assert the rights they do have.
An appeal is a request for a higher court to review a court order for errors and to decide if these errors warrant a different outcome.
The Appellate Division will have the exact same evidence that the trial court did, and the side taking the appeal is required to show where the errors, explain why they are errors, and argue why these errors affected the court's disposition of the underlying matter.
An appeal is not a new hearing, and no new evidence can be introduced in an appeal.
That means that the fundamental approach in an appeal is very different than the approach used at the trial level.
The Appellate Division will have the exact same evidence that the trial court did, and the side taking the appeal is required to show where the errors, explain why they are errors, and argue why these errors affected the court's disposition of the underlying matter.
An appeal is not a new hearing, and no new evidence can be introduced in an appeal.
That means that the fundamental approach in an appeal is very different than the approach used at the trial level.
A foreclosure is a legal proceeding commenced by a lender to enforce payment on a loan by forcing a sale of the mortgaged property.
The right to foreclose exists by the contract between the lender and the home owner.
When a homeowner agrees to borrow money, they agree to give the lender the right to foreclose in the event of non payment.
In simple terms, defending against a foreclosure should be broken down into two broad categories.
First, is what the lender must establish to show they are entitled to a judgment of foreclosure.
The right to foreclose exists by the contract between the lender and the home owner.
When a homeowner agrees to borrow money, they agree to give the lender the right to foreclose in the event of non payment.
In simple terms, defending against a foreclosure should be broken down into two broad categories.
First, is what the lender must establish to show they are entitled to a judgment of foreclosure.
When a person dies with a Last Will and Testament, the will is not binding until the court issues an order declaring valid and that its instructions be valid.
Probate is the term for the court proceeding to obtain this decree.
Following the issuance of the letters testamentary, the estate is then disposed of as provided in the will.
When a person dies without a Last Will and Testament, the disposition of their estate goes to the default will everyone has.
The process is similar to probate, but instead of the decedent choosing who manages the estate, New York State does instead.
Probate is the term for the court proceeding to obtain this decree.
Following the issuance of the letters testamentary, the estate is then disposed of as provided in the will.
When a person dies without a Last Will and Testament, the disposition of their estate goes to the default will everyone has.
The process is similar to probate, but instead of the decedent choosing who manages the estate, New York State does instead.
A constructive trust an a type of case that is used to establish ownership in an asset that is held by another.
A lawyer may bring a constructive trust action as part of or along with a divorce proceeding.
A close relationship between the parties is one element of a constructive trust, but there is no requirement they be married.
A constructive trust is a trust imposed by the court as an equitable remedy designed to prevent unjust enrichment.
A constructive trust is needed when someone has obtained title to property when he or she should not have, resulting in that person becoming unjustly enriched.
A lawyer may bring a constructive trust action as part of or along with a divorce proceeding.
A close relationship between the parties is one element of a constructive trust, but there is no requirement they be married.
A constructive trust is a trust imposed by the court as an equitable remedy designed to prevent unjust enrichment.
A constructive trust is needed when someone has obtained title to property when he or she should not have, resulting in that person becoming unjustly enriched.
Reviews
Be the first to review Law Offices Of J Douglas Barics.
Write a Review