Experienced Attorneys Handle Complex Divorce Cases in the Buffalo Area
Skilled lawyers advocate for Western New York spouses in high-conflict disputes
When a marriage ends, most spouses want the divorce process to go as quickly, as easily and as smoothly as possible. Unfortunately, your divorce might be inherently complicated. At the Law Offices of Randy S. Margulis, our divorce lawyers are mindful of the toll the process can take, but we also know that achieving a favorable result on seemingly minor details can make a huge difference to your future. When your divorce is complex due to the size of your marital estate, the nature of your assets and debts, issues with your children, or simply the inability to reach consensus, our first duty is to protect your interests. From our offices in Williamsville and downtown Buffalo, we apply knowledge gained from more than 25 years of family law practice, take the time to master the details of the case, and advocate aggressively for your rights.
Established firm works to resolve financial issues that complicate dissolution proceedings
Financial disagreements often complicate a divorce, especially for high-net-worth couples. Disputes frequently arise over:
- Separate property — Under New York’s asset division law, each spouse can keep property he or she owned before the couple wed, as well as income generated from that property during the marriage. However, courts can rule that separate property that has been commingled with marital property must be divided among the parties when the marital union is dissolved.
- Retirement savings — Dependent spouses generally have a right to share in the other spouse’s pension or 401(k) account. Determining what share each party receives of these investments often is a matter of great contention.
- Closely held businesses — If one spouse is the nominal owner of a company, the other spouse may be able to claim an equity portion.
- Real estate interests — Even if only one spouse’s name is on the deed to the family home or a different real estate parcel, both may be able to claim the right of ownership.
- Marital agreements — Although a premarital agreement is meant to simplify a divorce, parties can disagree about whether the contract is valid.
Finally, the question of alimony can be complicated, especially if a dependent spouse has health issues that could prevent him or her from becoming self-supporting.
Proven lawyers advise on other potential concerns that could make divorce more difficult
In addition to conflicts over money, there are other factors that might demand extra attention during a divorce, such as:
- Child custody disputes — Each parent wants to maintain a loving relationship with their children, but they may have quite different ideas about what best for their sons and daughters. Of course, there are times when you must fight aggressively to protect your children. But generally, unless the other parent is a threat to your child’s well-being, a cooperative attitude in formulating a parenting plan simplifies the process enormously.
- Fault-based divorce grounds — New York adopted no-fault divorce in 2010, but petitioners still have the option to cite traditional grounds as the reason for dissolving the marriage. However, proving misconduct requires more than an unsupported assertion. If a party cites adultery, for example, he or she must be prepared to prove by a preponderance of the evidence that the other spouse actually committed adultery. There may be a worthwhile reason to pursue a fault-based divorce, but doing so gives the parties one more issue to litigate in the divorce.
- Resentment — Emotions can run high during divorce, and some spouses attempt to use the process to punish their spouse. The worst thing you can do is allow yourself to be drawn into a tit-for-tat exchange that wastes time and resources. Fortunately, judges tend to get impatient with such situations, and so these tactics usually backfire on the unreasonable party.
Whatever issues are complicating your divorce, you can trust in our knowledge and experience as we work tirelessly to resolve all disputes on favorable terms.
Contact a dedicated Buffalo-area attorney to discuss your complex divorce
The Law Offices of Randy S. Margulis in Buffalo represents Western New York clients in complex divorces, including cases involving high-net-worth couples. Call 716-886-9600 or contact us online to schedule a meeting at our Williamsville or downtown Buffalo office. Video consultations are available.