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.

A DWI Attorney Can Help You Stay on the Road

If you have been pulled over for drunk driving, you need a DWI attorney to help you through the process.  Drunk driving laws in New York are very serious and an experienced lawyer is typically necessary to keep you on the road and your driving rights intact.  Without mounting a strong legal defense, you could lose your driver’s license. 

In New York, a drunk driving charge is called a DWI (Driving While Intoxicated) where many other states refer to it as a DUI (Driving Under the Influence).  Both can be used interchangeably.  If you are caught driving drunk in New York, you could lose your license, have to pay an expensive fine, and possibly even go to jail.  A good lawyer can help diminish the charges and the pending results.

New York has guidelines for what is considered “intoxicated”.  This is different than many other states which simply have a set standard for everyone.  In New York, if you are driving a normal vehicle and blow a 0.08 percent blood alcohol concentration (BAC), you have a DWI charge that will be brought against you.  However, if you are driving a commercial vehicle the rules are stricter with the BAC percentage dropped to 0.04 percent.  Minors can be charged if their BAC is 0.02 percent or higher.  For minors, it is particularly important to understand the law because drinking a small amount of alcohol could have major implications.  A DWI attorney can help, but if possible avoid the charges in the first place.

The state also has laws that describe what will happen if a driver is drunk and using drugs or other foreign substances at the same time.  There are zero-tolerance laws in place that could lead to an automatic license suspension.  A DWI attorney can help fight these charges as well. 

Age plays a significant role in how severe the penalties are.  For example, those under the age of 21 may have their license suspended for six months on a first offense where someone over 21 would only lose their license for 90 days.  Simultaneously, those under 21 pay a reduced fee that is less than half of what adults pay. Additionally, convicted adults have to pay a fine for the next three years and may spend time in jail. A second DWI conviction can lead to a longer license suspension time, paying a higher fine, and needing to go to special classes. 

A key for avoiding these penalties is to work with an experienced DWI attorney that can negotiate the charges down to reckless driving and keep the DWI off of your permanent driving record.  This will help you financially by avoiding or reducing fines while keeping your insurance premiums down.  Additionally, a DWI charge can negatively impact your work relationships and ability to keep your job.  A lawyer can help you to avoid having these difficult conversations. 

The Law Office of Paul R. Berko specializes in New York DWI cases.  You can reach us for a consultation by calling, (516) 746-4211.

Adoption Proceedings and New York Family Law

If you are considering adoption, family law is a big part of that process.  This is a legal transaction and while the focus is on your new child, the documents need to be prepared correctly to protect both you and your child in the future.  Before you start the adoption process you should identify a family attorney that can be trusted to handle your case. 

According to the Child Welfare Information Gateway, approximately 135,000 children are adopted in the United States ever year.  This includes private adoptions, adoptions out of foster care, out of country adoptions, and more.  The majority of adoptions are private adoptions through attorneys, by step-parents, or agencies within the U.S.  This accounts for approximately 46 percent.  Another 41 percent come from the foster system, with only 13 percent being foreign adoptions.  Regardless of where a child is adopted from, the legal agreements need to be completed correctly.

On a state by state comparison, New York has a high number of adoptions every year.  In 2008, there were 8,524 adoptions in New York compared with 1,991 in Oregon.  Some of this could be related to adult population size but in general New Yorkers have been adopting a large number of children every year.  If you are looking to join the thousands of New Yorkers who have adopted a child it will require an expert at family law to ensure that the process goes smoothly.

When adopting a child there are several ways that the process can be completed legally.  It is important to know your options and consider each one carefully before making a decision.  An open adoption allows for the birth parents and adoptive parents to know about each other and communicate openly.  This allows for the birth parents to remain in the child’s life to a certain capacity after the adoption is complete.  In a closed adoption, the birth and adoptive parents do not know each other and there is no communication between the child and the birth parents.  Both types of adoptions have pros and cons.  In an open adoption, the new parents benefit from understanding things like family medical history but it also opens the door for future confusion of the child, depending on the depth of communication that remains ongoing.  A closed adoption means that the adoptive parents have the right to tell or hide the fact that the child was adopted in the first place, but if the child wants to learn about their birth parents they don’t have the ability to do so legally. 

Family law in New York is set up to include provisions in the adoption process that must be followed.  This is aimed at ensuring the protection and safety of the child and includes:

• Working with an agency.  A family must be agency certified as an adoptive family in order to initiate the process.  You must also attend an orientation.
• Complete an application with medical history.  There will be a state, and federal background check completed looking for any criminal history along with a check by the Statewide Central Register of Child Abuse and Maltreatment.
• Home study.  New York has included a home study process as part of their family law guidelines, and this must be completed prior to the adoption taking place. 
• Training.  There are training courses provided by adoption agencies that must be completed. 
• Work with a caseworker.  An adoption caseworker will help to identify a child that can be placed in your home and facilitate their visit prior to adoption. 
• Go through the court.  Once a child is living in your home, there is still around three months that will pass before the adoption is legal. During this time, there are several resources that are available to assist financially.  A New York attorney that is experienced in family law will petition the court for the adoption to be complete, and a hearing will be held to certify it. 

The Law Office of Paul R. Berko specializes in New York adoption cases.  You can reach us for a consultation by calling, (516) 746-4211.

A Family Attorney Can Minimize Stress During a Divorce

A family attorney can help you through the difficult process of going through a divorce.  Many psychologists equate getting a divorce to someone you love dying because of the emotional strain that it can cause. How long people are married and whether or not they have children can make getting a divorce even harder.  With emotions high and dramatic life changes, it is important to work with a family attorney that you can trust.

An experienced attorney will help make the entire process go smoothly.  A divorce that is handled correctly can be done with minimal contention and will help decrease the overall stress of the process.  Going it alone or working with an inexperienced attorney can make it much worse by increasing tensions and delaying the process overall. 

When possible, a family attorney can help you and your spouse to settle many of the divorce issues outside of court.  This saves time, money, and heartache.  When going to court there is no certainty of the outcome so reaching an amicable resolution is often the best course.  Certain things like dividing up bank accounts and retirement plans can be handled by a family attorney at a settlement conference.  Debts can be divided up at the same time along with the assets that they are secured to.  While it isn’t always possible to reach an agreement, most couples find that they can agree on the division of more things than they expect, when working with an experienced lawyer or mediator.  Settling some of the issues helps both parties see that they can reach a resolution and don’t have to fight about every little detail.  It can set the stage for completing the divorce in a civilized fashion rather than allowing it to escalate into something contentious. 

A divorce can be even more difficult when children are involved.  Unlike a house or retirement account, you cannot “divide” children.  A custody schedule is typically set along with child support payments, but joint decisions will generally need to be made by the parents until the child reaches eighteen years of age.  Joint decisions require the ability to have a conversation and be civil with one another for years to come.  How the divorce is handled will often determine whether or not this is a possibility.  Couples that have an extremely contentious divorce often end up needing to pay a mediator long term in order to facilitate communication about the children. A family attorney can help prevent the situation from escalating to this level. 

When hiring a divorce attorney, each party can hire their own legal counsel, or you can work together through one family attorney.  Couples who believe they can reach a resolution with help often work with one single attorney.  The couples that know they are fighting tooth and nail from the beginning need to hire their own individual advocate.  The Law Office of Paul R. Berko provides expert legal advice to couples undergoing a divorce.  For a consultation call, (516) 746-4211.

A Family Attorney Can Help Non Married Couples

It is common for people to remain unmarried while living together and a family attorney can help provide the legal security these couples need.  Many people prefer to live together without legally becoming married, whether it’s for financial, personal, family, or religious reasons. The challenge is that these couples often leave themselves open to legal conflict because they don’t have the same legal protections that married couples do.

This was a particular challenge for same-sex couples that wanted to become married, but weren’t allowed to.  In 2011, the New York legislature made same-sex marriage legal in the state of New York and now these couples have the same legal rights as heterosexual couples that choose to get married. 

Many people think that a family attorney only works with people who are married or are getting a divorce.  This is not the case.  A family attorney works with all types of family units and the individual’s lifestyle defines what makes up their family.  New York attorney, Paul R. Berko works with unmarried couples to ensure that their legal rights are protected.

Here are some of the ways a lawyer can help unmarried couples:

• Adoption.  Many couples would like to have children and consider adoption as a means for doing so.  If you are unmarried there should be agreements in place that protect the rights of both of you as equal parents under the law. 
• Accounts.  Couples that do not become married have no legal right to each other’s assets upon illness or death.  A family attorney can ensure that the other partner has the access they need to pay for medical bills or expenses in the event of an accident and receive the account funds if the other partner dies.  Protecting your partner financially is an important step to take before you become ill. 
• Assets.  Homes, cars, boats, and other hard assets typically have a title associated with them.  This is a legal document that spells out who owns that asset.  Titling them correctly is essential for protecting the rights of both partners.  If it is done incorrectly and one partner dies their ownership will not automatically transfer to the surviving partner.  Instead, it could go through probate where other family members have the opportunity to fight for their share of the assets.  This can make a stressful time even worse and can be completely avoided by working with a family attorney. 
• Financial Considerations.  Many unmarried couples still want to have agreements in place that spell out what would happen if they split up.  Similar to a prenuptial agreement this can outline who would keep possession of which assets and if one partner would be responsible for paying the other a monthly alimony payment.  Child support can be settled in court or included in this document. 

Unmarried couples have to work harder in order to make sure that their rights are protected.  This requires the help of a skilled family attorney.  To learn how The Law Office of Paul R. Berko can help you call, (516) 746-4211.