Your Fair Share of the Marital Assets
Contested and Uncontested Divorce in Dutchess County, New York
Vasti & Vasti skillfully negotiates to protect your interests in divorce and division of property. We emphasize thorough preparation and professional valuations of key assets, not as ammunition for a trial but to leave the other side no choice but to come to a fair and reasonable agreement.
If the other side can't get past the emotions to come to the bargaining table, we also have the formidable courtroom skills to protect your interests at trial.
To find out more about our approach to divorce, contact our Pleasant Valley law firm to arrange a free, one-hour consultation. We serve women and men in Dutchess County, as well as Ulster, Putnam and surrounding counties in the Hudson Valley.
Separation Agreements and Uncontested Divorce
New York is not a no-fault divorce state — it's not as simple as declaring "irreconcilable differences." There are steps to take even if you agree on assets, custody and financial support:
- If you have lived apart under a formal separation agreement for one year, you can then file for divorce. Our lawyers can help draft the agreement to ensure that your interests and those of your children are protected. This has become known as the "No-Fault" divorce, but must be properly explained to determine if it is right for you.
- If you do not wish to wait a year, uncontested divorce is the only option. One party must admit to one of five grounds for divorce, the most common being "constructive abandonment" or "cruel and inhuman treatment." If you agree on all terms, you proceed directly to divorce. We can draft or review the papers.
Contested Divorce in New York
New York is an equitable distribution state — marital assets are divided fairly but not necessarily 50/50. The primary issues your lawyer must address are:
- Defining separate property — Any assets you brought into the marriage, received as a gift or through personal injury pain and suffering awards are yours unless they were commingled with marital assets. Separate property is not subject to equitable distribution. Any property that is not found to be separate property will be divided as marital property.
- Value of assets — With an accurate picture of assets and debts laid out, the hard work is negotiating the inevitable trade-offs. Who gets the house? Who takes the credit card debt? How are retirement funds divided?
Vasti & Vasti, PC has extensive experience in property division and marital asset protection for high net worth clients. We believe that CPAs and business valuation experts are worth their weight in gold for their ability to assess income and put accurate numbers on the table. One of the most complex issues is the qualified domestic relations order (QDRO), which determines the value and distribution of I.R.A's, 401-K plans, deferred compensation plans, Pensions and other retirement assets. Poorly drafted QDROs often fail to address basic considerations such as cost-of-living adjustments or survivorship benefits. If those items are not recorded at settlement, you cannot recover those assets later.
See Frequently Asked Questions for more information about the divorce process.
We do the legwork to ensure that all assets, income and liabilities are brought to light before we settle your case (or take it to trial). Contact us today at 845-635-8866 to arrange a free, confidential initial consultation.
Vasti & Vasti, PC
Serious Lawyers, Serious Representation
