A Divorce Lawyer Can Help With Your Division of Assets

You should hire a divorce lawyer right away if you are facing separation. Divorce can be an incredibly stressful time, making it difficult for most people to think clearly and without emotion.  Hiring an attorney will make sure that you have someone watching out for your best interest while you deal with the separation process.

When two people get a divorce, everything must be divided.  This includes the large items like the family home, cars, and vacation properties to the smallest detail like the wine glasses you got for your wedding.  Anything and everything is on the table and at the end of the day someone gets to keep everything that was accumulated during your marriage.  The division of assets can be the most difficult thing in your divorce because both of you may want the same things, like the house, and every item may be attached to a memory. 

A divorce lawyer can help you to divide up your assets by taking the emotion out of it.  While it may seem impersonal, everything can be broken down into a financial or practical category. For example, if the truck is worth $18,000, and the car is worth $13,000 and the furniture is worth $5,000, an attorney can look at the numbers and say that in order to keep things equitable the spouse that gets the car should also get the furniture.  There are many ways to address this issue but in general this is what happens.  Things are assigned a value and divided up based on what is equitable and fair.  This can be done during negotiations or at trial by a judge.

The process becomes more difficult if it is of sentimental value rather than financial value.  For example, family heirlooms, photo albums, etc. typically won’t end up as a line item on the asset sheet but they are still very important.  In this case, the goal is to come to an agreement over who gets what.  Otherwise, you will need to make a case in court as to why that item should belong to you at the end of the divorce.

If you and your spouse own a business, this process becomes even more complicated.  A divorce lawyer will typically work with a CPA or business valuation specialist to determine how much a business is worth.  Both sides need to agree on the overall value or produce their own valuation for a judge to make the final determination as to what the business is worth.  Once a value has been established, one spouse will need to buy out the ownership interest of the other.  There are multiple ways to do so, and your divorce lawyer can help.

Something to remember with assets is that if a debt is tied to it, the person getting the asset is likely also to get the debt.  With this in mind, tell your attorney if you are not interested in having something.  To learn more about how an attorney can help you, call The Law Office of Paul R. Berko at (516) 746-4211.

What You Should Know Before Hiring a Family Lawyer

If you need a family lawyer, Paul Berko is an expert attorney that families throughout Mineola trust.  Family law is a specialty, and it is important to hire someone that is experienced with these types of cases.  Otherwise, you could be putting yourself at a disadvantage.

There are many reasons why people need to hire someone to assist with family issues.  Regardless, of your motivation, here is what you need to know before making a final hiring decision.

Personality is Important

These types of cases can be incredibly sensitive, and emotions are high.  Make sure that you work with a lawyer you feel comfortable discussing personal topics with.  The initial consultation is important because it gives you the opportunity to judge an attorney’s experience and whether or not you feel comfortable with their personality and style overall.

Hire a Family Lawyer with Experience

Instead of looking for a general attorney – hire an expert.  When you work with someone that focusses on family law, you gain the benefit of their experience and any resources that they have.  This can help your case to go more smoothly and prevent hiccups along the way.  The more skilled your attorney is, the better the outcome of your case will be.  There are no guarantees in the law but when you start with an expert; your chances of success are greatly increased.

Learn About their Practice

Not every family lawyer goes to court.  Some focus on preparing agreements, negotiations, and dealing with issues outside of the courtroom.  This is important and can prevent future legal challenges down the road.  However, if you feel that your case may go to trial, look for an attorney that is as comfortable in the courtroom as they are behind a desk.

Negotiating Skills Are Key

Many family law cases can be settled outside of court when an expert negotiator is involved.  If you would rather settle things quietly, find an attorney that is willing to negotiate on your behalf and confident in their ability to do so.  Even with divorce cases, settling outside of court can be better because you actually maintain more control over the results.  Once a case goes to trial, it is in the hands of the judge, and the outcome is completely unpredictable.  When you negotiate you at least know what the options on the table are.

Agree to a Fee Structure

Make sure you find out how an attorney charges and what they anticipate the total charges to be.  While this is not an exact science, it will help you to prepare and budget for any payments that need to be made.

  

When looking for a family lawyer, call The Law Office of Paul R. Berko.  Mr. Berko is an expert at family law and will help you to achieve the results you want for your case or transaction.  He listens to clients first; in order to better understand what their goals are then offers clear legal advice and suggests steps to follow.  To learn more, call (516) 746-4211.

Is Your Criminal Attorney Working Hard for You?

If you have been charged with a crime, a criminal attorney should be your first call.  The challenge is finding one that will work hard to fight for your innocence and get the best and most desired outcome.  There are no guarantees of what will happen inside of the courtroom.  Ultimately, it will be a judge or jury who decides if the charges are dropped or you are convicted.  What is certain is that an experienced lawyer can make a difference in how you spend the rest of your life

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When interviewing lawyers ask questions that go beyond the financial side of how much they charge and what the upfront retainer cost is.  Here are some questions that you should ask:

• How long have you been practicing law?  This will give you a good idea of their experience level, though it is not always a good indicator of whether or not they will fight for your rights.
• Have you handled cases like mine before?  Find out if they have been part of a case where the charges were similar, what their approach was, and what the outcome was.  If you were charged with a crime and they primarily practice divorce law, you should look for another lawyer.
• How do you approach criminal cases?  This is a key question because it will give you insight into how they prepare for court and what steps they are willing to take. Listen carefully for examples that will demonstrate how actively involved they become in their cases. A good criminal attorney will spend time investigating the case, interviewing witnesses, and preparing a strong defense.
• What is your current case load and do you have trials scheduled around my trial date?  If they have multiple cases going at one time, there could be conflicts with the court calendar.  Find out if they have a backup and if that person will handle their other cases or yours.

The big key you need to look for during an interview is whether your criminal attorney will put in preparation time and investigate the case prior to going to trial.  Learn what you can about their approach and techniques, whether or not they will interview the witnesses you supply, if they conduct background investigations into the information you provide, etc.  This is extremely important because in order to have a good defense you need a lawyer that is willing and able to build a case.  You don’t want a case that is based strictly on defense, but one that also incorporates an offense to prove your innocence or give the jury the doubt necessary to avoid a conviction.

If you have already hired an attorney and they are not doing these activities you may still have time to switch to a better criminal attorney.  It is better to hire a new attorney before the trial that start the trial with one that is not fighting for your freedom.  The Law Office of Paul R. Berko will fight for your rights, your freedom, and your future.  For a consultation call, (516) 746-4211.