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DIVORCE AND & FAMILY LAW ATTORNEYS

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Welcome to the Spodek Law Group - a premier, and top rated, divorce law firm.





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" Spodek Law Group have offered me excellent support and advice thru a very difficult time. I feel I've dealt with someone who truly cares and wants the best outcome for you and yours. I'm extremely grateful for all the help Spodek Law Group has offered me. I can't recommend them..."

David Bruce

" Spodek Law Group was incredibly professional and has given me the best advice I could wish for. They had been helpful and empathetic to my stressful situation. Would highly recommend Spodek Law Group to anyone I meet."

Rowlin Garcia

" Best service I ever had. Todd is absolutely class personified. You are in the safest hands with spodek. They have their clients interest in mind."

Francis Anim
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The division of assets and debts in marriage dissolution proceedings represents one of the most emotionally challenging and legally arduous aspects of a divorce case. For this reason, if you are facing a divorce, you are well served seriously considering engaging the services of a seasoned New York equitable distribution of assets lawyer.

Division of Property Standard in New York Divorce Cases

New York law establishes the equitable division of property standard to be used in divorce cases. The standard directs that assets and debts in a divorce case be divided between the spouses in a fair and equitable manner. The equitable division of property standard does not mean that assets and debts be divided equally, only fairly.

The equitable division of property standard is utilized in the vast majority of states in the United States. The other property division standard utilized in less than a dozen states is called community property. California is a prime example of a state that utilizes the community property standard. When the community property standard is utilized, the presumption is that assets and debts of a marriage are divided equally.

Factors Considered in Equitably Dividing Property and Debt

The court considers a variety of factors when it comes to the equitable division of assets and debts in divorce proceedings. There is no set template utilized by courts in New York when it comes to dividing assets and debts, no set of guidelines. The facts and circumstances of an individual case, and associated marriage, dictate the manner in which property and debt are distributed in a marriage dissolution case.

Defining Marital Assets

Only marital assets and debts are subject to division between the parties in divorce proceedings. In other words, if a spouse brings certain types of property he or she owns into the marriage, that asset will not be subject to division in divorce. As a general rule, these types of assets remain with the person who brought them into a marriage. They are not considered part of the overall asset calculation in a divorce. The same holds true for certain debts.

There are caveats to these general rules. For example, if marital assets are used to pay off a debt that was brought into a marriage, that fact will be considered in equitably dividing assets and debts at the time of a divorce. An experienced New York equitable distribution of assets lawyer can explain these caveats to the general rule regarding the manner in which property and liabilities are divided in a divorce case.

Hire a Seasoned New York Equitable Distribution of Assets Lawyer

If you face issues regarding assets and debts, you best protect your legal interests with an experienced New York equitable distribution of assets lawyer. The first step in engaging legal counsel is an initial consultation. Through an initial consultation, you will obtain more information about the equitable division of assets and debts law in the state of New York. You will also obtain answers to any questions you may have about your case, your assets, and your debt. There usually is not a legal fee charged for an initial consultation with a New York equitable distribution of assets lawyer.

How Do Depositions Work?

This article is from Marc Albert, a fellow Long Island lawyer. When going to court, you have the ability and the right to collect as much information as possible about the situation at hand before going in front of a judge. There are many ways you can collect this information. A deposition is one way you can get the information you need to make your case in court.

A deposition is essentially an interview. The person being deposed is responsible for answering questions posed by the person doing the deposition. In most cases, depositions are done by lawyers who represent a client. Lawyers are usually trained in how to conduct an efficient deposition and have the resources available to make the most of the information that comes out of a deposition. Depositions are rarely done by clients representing themselves, although they very well could be.

Are You Being Deposed?

If you receive a subpoena or a request to give a deposition, that means that you have some information that the person doing the deposition wants or needs. If you receive a subpoena then, just like with a subpoena for a court appearance, you are required to show up for the deposition. You should read the subpoena carefully to see if it requires you to bring certain documents or other items with you to the deposition. If you find yourself in a bind about whether you can release certain information in a deposition then you should consult an attorney beforehand. For example, if you are a mental health professional and receive a subpoena for a deposition with client records, then you should make sure you are following your profession’s rules of confidentiality before you go for the deposition.

Many people get nervous at the thought of being deposed, especially when they feel like they do not have any information that would be of any value. It is important for you to remember that lawyers are constantly developing and revising case strategies to serve the best interests of their clients. Sometimes depositions are very intense because you are clearly a key witness in a case (this is what you generally see on TV shows and in movies). In many cases, though, depositions are done simply to talk with potential witnesses and see what they know. It is possible that once you give a deposition you will never be involved with that case again. Either way, you should stay calm and focus on simply telling the truth.

What To Expect At A Deposition

When you go in for a deposition, you can expect a relatively casual atmosphere with some extra people in the room. The person or party that called you for a deposition will most likely be present along with his/her attorney. In this case, the attorney will be asking you questions while the person or party observes. Any other parties to the case will also likely be present along with their lawyers. This means that there could be a lot of people in the room simply observing you and not actually saying anything. There will also be a court reporter present who will be typing and/or recording the deposition and creating a written transcript. The only thing you need to do differently during a deposition is to make sure you do not talk over others so that the court reporter can accurately record the conversation and make the transcript.

The deposition will be a series of questions and answers. Some questions may be long while others may be short. Some may seem completely irrelevant and others may seem to be glazed over. You should focus on telling the truth and providing the information requested of you rather than worrying about the strategy behind the questions and how the information may be used. Once the requesting party is done asking questions then the deposition will be over. If the deposition runs for a long time then do not be afraid to ask for breaks to get food, water, or visit the restroom.

The biggest difference between a deposition and a general interview or conversation is that you will be sworn under oath. This means that you must answer each question truthfully. If you do not answer truthfully then that may be used against you later to impeach conflicting information or to charge you with perjury. This is why it is especially important that you consult an attorney if you are unsure of what you can and cannot say in a deposition.

Once a deposition is complete, the parties in a case will have a legally admissible set of evidence that they can use however they see fit. Deposition evidence can be invaluable in preparing a case for court and facilitating negotiations to avoid a trial.

Can assets bought during the marriage be sold to pay for a lawyer?

If you don’t have the money to hire a divorce lawyer, you may be wondering whether you can sell assets that were purchased during your marriage to cover those lawyer costs.

This is known as Dissipation of Marital Assets, and although you can technically do this, it’s hardly ever in your best interest. It can result in penalties and could end up costing you once the divorce is finalized. However, this does depend on the property that you’re selling.

The Types of Property in Relation to Marriage

When it comes to a marriage, there are two basic types of property – marital property and separate property.

Marital property applies to most property that you and your spouse acquire during your marriage. Since you two acquired it while married, you are each owners of the property. During the divorce process, you both would need to come to an agreement on how to divide your marital property, and if you can’t, the court will decide that for you.

Separate property is property that only one spouse owns. This includes property that one of you owned before the marriage and certain property obtained during a marriage. For example, if you inherit a sum of money or a house while married, that would be separate property and belong to you alone.

Selling Property to Pay for a Divorce Lawyer

Since both you and your spouse are entitled to marital property, the court won’t want you to sell any of that property before the divorce agreement is finalized, along with the division of assets.

Separate property, on the other hand, is fair game. Since that property is yours and yours alone, you could sell it to pay for your divorce lawyer with no consequences. If you’re having trouble affording a lawyer and you need to sell some possessions, it’s in your best interest to sell separate property first.

The Consequences of Selling Marital Property

Let’s say that you don’t have enough separate property to sell to pay for your divorce lawyer, and you decide that you’ll sell marital property instead.

The court will likely handle this in one of two ways. It could simply require you to pay your spouse half of whatever money you made by selling the marital property. If you made $50,000 by selling property, you would then need to pay your spouse $25,000.

The other option for the court would be to require that the entire amount is taken from your side of the settlement agreement once the divorce goes through. Using the above example, you would then end up with $50,000 less in whatever agreement is setup, either by you and your spouse or by the court.

This could pose a problem if the total value of what you receive in the settlement isn’t enough to cover what you owe. In that case, you could end up owing your ex-spouse a cash payment for the amount in question.

Now, this doesn’t mean that selling marital property to pay for a divorce lawyer is always a bad idea. If there is a substantial amount of property, you may need to sell some of it to pay for your lawyer. Just make sure you understand the consequences of doing so.

Paying for Your Divorce Lawyer

Whenever possible, you’re better off paying for your divorce lawyer either without selling any property, or by only selling separate property and not any of your marital property.

Talk to your divorce lawyer to see what your options are. If you don’t have any income or you make significantly less than your spouse, there may be other options so that you can still hire a lawyer. Your lawyer can talk to the court about this, as well. In some cases, the court will even agree to let you sell marital property to allow you to have a lawyer and be on an even playing field.


Based on 362 reviews.
Charle Butler
Charle Butler
2021-03-12
Verified
I was hesitant to hire the Spodek Law Group. I read reviews and knew they have a great reputation. However, I thought I would spend money and not see or speak to my attorney. From the beginning to end of my case Todd and the entire staff were available and willing to help. We worked towards and end result that was way above my expectation and Todd delivered. I am forever grateful for patience and long days and night spent working on my case. Thanks Todd and the entire team!
Mesonista parsons
Mesonista parsons
2021-03-05
Verified
My attorney at Spodek was Abigail. She was very knowledgeable and helpful with all my questions and concerns, as well as responsive. Her fees are affordable and Abigail took the time to make sure I understood everything relating to my case. I highly recommend Abigail and will request her services in the future.
debabrata chakraborty
debabrata chakraborty
2021-03-03
Verified
Todd A Spodek is the experienced and best criminal lawyer at USA. He is very professional and always respond on time. Alex also very cooperative and always help me. They took care me and my problem like family member. I am 100% satisfied for their professional service. My result was unexpected and amazing. They dismissed my case. I am really grateful to them. I will recommend you to go there if you want to solve your problem. I wish all the best for them.
Asata Hendricks
Asata Hendricks
2021-03-02
Verified
Truly appreciate the work the guys did!. Exceptional team & I know they care about each and everyone of their clients. I am super thankful to be referred to Spodek Law Group and I am grateful Todd & Alex were able to work diligently to achieve an outcome I am pleased with. Despite COVID they stayed on top of things and kept me informed every step of the way. Very thankful.
Mike Moroff
Mike Moroff
2021-02-26
Verified
I'm very satisfied with the services rendered by Todd, Alex and Mary Lou. I whole heartedly recommend Spodek Law Group . I've worked with and have retained other attorneys in the past with Todd's firm being the cream of the crop for many reasons. A very serious legal matter was resolved after a year's hard work and effort. Todd expertly guided me through the process and was able to navigate and make the good journey bearable as well as successful. Mary Lou initially provided excellent assistance before referring my case to Todd. Alex's support was effective and timely. The customer portal (MyCase) is an invaluable communication tool that also kept track of my case. Various aspects of my case were explained and there were several options provided but I made the final decision of how the case would be handled. The legal fee was reasonable considering the effort and amount of work plus it was a flat fee regardless of the length of time required to conclude my case. Todd made himself available to me and we had many scheduled meetings to go over the progress and to discuss the next steps. I felt more confident after many discussions with him. You will not go wrong choosing Spodek Law Group for legal matters.
Josh Katz
Josh Katz
2021-02-24
Verified
Being that it was the first time that I was in need of an attorney, I was afraid and hesitant and knew I needed the absolute best. It is beyond understood why Spodek Law Group has a reputation of being the top, if not the best law firm in New York. Alex and Abigail were there every step of the way even at the most unconvenient hours. I could not have asked for more. They are extremely good at what they do and they delivered much much more than just winning my case. A big thank you to Alex and Abigail for all the guidance and counseling and their upmost loyal support that extended far more than just legally. If you need the absolute best than don't hesitate to hire Spodek Law Firm.
L.C.
L.C.
2021-02-24
Verified
I cannot tell you how thankful I am to Todd and Alex for their hard work and dedication to my case. I had never been in any trouble before but I had an unfortunate event occur and in the midst of COVID-19 at that therefore I knew I needed a team that was dedicated to my success. Today- my case has been finalized and I’m walking away with no record and can continue life as a mother and a Grad student worry free. I cannot express enough gratitude for their assistance.
AnnMarie Soliman
AnnMarie Soliman
2021-02-23
Verified
I received a summons and called Spodek law group for a free consultation. Alex took my call and was very quick and responsive. He was available anytime through multiple platforms and very reassuring when needed. They are extremely organized and thorough. They got my case dismissed! I’m very grateful. Thank you Alex and Todd!

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Testimonials

Spodek Law Group have offered me excellent support and advice thru a very difficult time. I feel I've dealt with someone who truly cares and wants the best outcome for you and yours. I'm extremely grateful for all the help Spodek Law Group has offered me. I can't recommend them enough.

~ David Bruce

Spodek Law Group was incredibly professional and has given me the best advice I could wish for. They had been helpful and empathetic to my stressful situation. Would highly recommend Spodek Law Group to anyone I meet.

~ Rowlin Garcia

Best service I ever had. Todd is absolutely class personified. You are in the safest hands with spodek. They have their clients interest in mind.

~ Francis Anim

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