In Asset Division Proceedings, “Fair” Is Often Foul
If a divorcing couple cannot agree on how to divide their assets, New York’s courts will decide these matters for them. The state mandates that a couple’s property and finances be divided in a fair and equitable manner. Yet judges have a broad authority to determine exactly what ‘fair and equitable’ means. Whether through negotiations or at trial, many individuals find themselves giving up more of their wealth than they ought to.
The law offices of Warren Welch Esq., LLC, can be of assistance in such situations. For more than 40 years , attorney Warren Welch has assisted individuals in Rochester in their divorce proceedings. When it comes to asset division, Mr. Welch strives to achieve resolution — doing so is less costly to his clients, and less stressful. Yet he has extensive experience in the courtroom, and will advocate aggressively for you at trial if no settlement can be reached.
Fighting To Protect Your Assets
In New York, asset division is a complex process. Property acquired or earned during the marriage (called marital property) will be divided, and must be sorted out from assets owned prior to marrying (separate property), which the original holder will keep. Yet the distinction between marital and separate property is not always clear. If, for example, you owned a house before you were married, but renovated it during the marriage, then part of the house’s value is marital property. Issues concerning retirement accounts and business development are only more complicated.
With more than four decades of experience in divorce proceedings, attorney Welch is skilled at guiding you through the property distribution process in divorce. He will facilitate the accurate appraisal of your assets, and properly distinguish the marital property from separate property. He will help you devise agreements to protect your assets. Moreover, he is familiar with jurisdiction throughout New York and has developed relationships with regional attorneys and members of the court. He will work with opposing counsel to secure the most favorable settlements Likewise, if circumstances dictate, he will thoroughly prepare to protect your rights in court.