Control The Process

You have the right to control the process. Naturally, the law provides that once you ask the State of New York to intervene on your behalf, there are certain aspects of the case that will be beyond your control. Once a judge is assigned to your case, the court typically will hold what is called a “Preliminary Conference” at which the judge will:

1. Introduce himself or herself to you and advise you about the way he or she prefers to handle your case.
2. Briefly review the facts of your case and the respective finances of the parties based upon the submission of what is called a “Net Worth Statement”.
3. Ask that you narrow the issues in your case, deciding what, if anything, can be resolved and what must be left for resolution by the court.
4. Establish a timetable for your attorneys to exchange financial information in a process called “Discovery”.
5. Direct that you take certain actions to resolve issue related to children (See “Protecting Your Children”).
6. Decide if experts need to be appointed to value certain assets, and who will pay their fees.

Asking for judicial intervention places a variety of things in motion which can be quite daunting.

I always take the approach that when and where to go to court are important tactical and emotional decisions that need to be answered, prior to swift action.

If you want a lawyer who will attempt all amicable methods of settlement, our firm will follow your directions while always advising you of the advantages and pitfalls of that path. Naturally, aggressive litigation is costly and has an adverse emotional impact on all involved, especially children, and should be avoided. However, it is often the only alternative when parties behave unreasonably.

Choosing the right forum is crucial. What many people do not know is that it may be possible to bring your case on more than one county in the City of New York and this may have a practical effect on which judge is assigned and the result obtained.

If your spouse is hiding assets or holding assets solely in his or her name, bringing an emergency application for a restraining order (like freezing bank accounts or placing liens on real estate prior to the other party receiving any notice) may be the only way to protect your interests and protect a client from irreparable harm.

If your spouse likes to keep his or her finances secret, we are highly experienced in obtaining the critical financial information which you will need to prove your case in court, whether through the use of subpoenas (an attorney's demand to have someone appear at an oral examination or trial, with or without documents) or written demands sent directly to our adversary in the matter. We will also explain the time and costs involved of these “discovery devices” prior to utilizing them so that our client not only controls but understands the process.