Unfortunately, a divorce is akin to a war; one does not go to battle without being sufficiently prepared and without considering every strategy prior to engagement. In Winning Divorce Strategies, author and attorney Brian D. Perskin details the tactics his firm has learned and the mistakes he's seen in divorce cases with the with the goal of maximizing your happiness and ensuring you achieve the best possible outcome. From filing for divorce through the trial, Winning Divorce Strategies provides guidance to help you avoid the pitfalls of divorce and to help you prepare a game plan to take control of your divorce. It provides information on: choosing a lawyer; deciding to litigate ornegotiate; recognizing the opposition; filing and serving papers; being prepared; making financial decisions; winning custody strategies; and negotiating a win-win settlement. Through experience gained from real-life situations, Perskin shares the divorce secrets he has discovered and details the tactics that have been designed to ensure you are in the best possible position throughout the case.

WINNING DIVORCE STRATEGIES

Intelligent and Aggressive Representation for Every Person Going through Divorce or Custody Proceedings in the State of New YorkBy Brian D. Perskin

iUniverse, Inc.

Copyright © 2013 Brian D. Perskin, Esq.
All right reserved.
ISBN: 978-1-4759-5684-9

Contents

Anatomy of a Divorce...................................................................xiiiIntroduction...........................................................................xvChapter 1: Winning Divorce Strategies..................................................1Chapter 2: Divorce Considerations......................................................7Chapter 3: The Divorce Process.........................................................11Chapter 4: Recognizing the Opposition..................................................17Chapter 5: Winning Custody Strategies..................................................21Chapter 6: Engaging the Services of Professionals in Custody Cases.....................29Chapter 7: Winning Financial Strategies................................................33Chapter 8: Forensic Examination in Financial Matters...................................41Chapter 9: Winning Maintenance Strategies..............................................45Chapter 10: Negotiating a Win-Win Settlement...........................................49Chapter 11: Divorce Tactics to Watch For...............................................55Chapter 12: Winning Strategies That Are Not Talked About...............................59Conclusion.............................................................................65Appendix A: Common Divorce Questions and Answers.......................................67Appendix B: Income & Asset Analysis Checklist..........................................83Appendix C: Glossary...................................................................87Appendix D: List of County Clerk's Offices.............................................93Index..................................................................................105

Chapter One

Winning Divorce Strategies

Crafting a Winning Divorce Strategy

When clients come into our office, they are all essentiallyasking us what they should do. Every day, my team andI speak with all different types of people about what todo in their particular case, and day in and day out, we encounterthe same mistakes made by individuals and other attorneys that areeasily avoidable had they been more familiar with the court system.Unfortunately, a divorce is akin to a war; one does not go to battlewithout being sufficiently prepared and without considering everystrategy prior to engagement. This book will detail the tactics wehave learned and the mistakes that we have seen that you will wishto avoid with the goal of maximizing your happiness and ensuringthat you achieve the best possible outcome.

The Essentials of a Personalized Winning DivorceStrategy from the First Meeting

Anyone who contacts my office is told that he or she must firstmeet with one of our attorneys for a consultation in person. Unlikeother lawyers, we firmly believe in a lengthy introductory meeting,wherein you as the client will detail the status of your case and howwe can help you. Speaking and listening to each person provides uswith the information we need to devise a strategy specific to eachclient. This meeting is not a sales pitch; instead, it serves as a vehiclefor us to learn about you and the means by which we may help you. Ifyou choose to hire our firm, this meeting is essential to guaranteeingthat your case is on its proper course. In certain instances, this maymean working toward a settlement through a formal offer, whileother situations may require the filing of a suit in court to safeguardthat person's best interests. The initial consultation is thereforeessential and requires a client who is upfront and open to discussstrategy.

In deciding which lawyer to hire, pay attention to the questionsthat are asked during your initial consultation, and make sure thatat that initial meeting you are getting advice. When clients comeinto our office, we first need to get a basic overview of the case.We need to know: names, ages of the parties, ages of the children,employment history, a list of assets – both separate and marital, theparties' present living situation, the general demeanor and attitudesof their spouse, and a general schedule of the children's routine,including who primarily does homework with the children, whoattends doctor appointments, and who attends parent-teacherconferences. We also need to know if there is a history of violence,including confrontations in front of the children, and who controlsthe family's finances. Once we have this information, our nextquestion is always: "What do you want?"

You should only choose a lawyer who is willing to litigateto achieve the results that you want. If a client tells us what s/heultimately hopes to achieve and we determine this unreasonable, wepolitely apologize and inform that individual that our firm cannotbe of assistance.

Where the Case Will Go After the First Meeting

Almost any competent lawyer can figure out how to file divorcepapers in New York, but a divorce lawyer is more than a paperpusher. A divorce lawyer is your counselor and your chief strategist.Strategy is not taught in law school and can only be developed over along career and through proper training; your divorce lawyer shouldnot only be familiar with how to file the necessary paperwork andthe proper relief to request in a New York Court, but should alsobe able to strategize the perfect time to file for divorce or the rightmotion to apply for seeking immediate relief. Your divorce lawyershould look at both the short- and long-term strategies.

A week does not go by where we are not amazed at the ignoranceof certain attorneys who blindly give out advice or file suit withoutany hint of strategy or any knowledge of the facts of that client'scase. These lawyers either file for divorce in cases where their clientshould clearly have waited, or they ask for relief from the Courtthat has little to do with the actual situation the parties face. Whatmany divorce lawyers do not understand is that the court system isan ever-evolving one; for example, the way that papers were filedseveral years ago is completely different today. Every individual whois going through a divorce needs a lawyer who regularly practicesand shows up to court in front of the same judges. This ensuresthat you have a lawyer who is up-to-date with the current legalprocedures, court processes, and the different personalities of judgesthat may preside over your case.

Do not choose a lawyer that simply tells you what you wantto hear. Choose a lawyer who has the courage to tell you the truthabout your case, even if the truth is contrary to what you wantedor expected to hear. Once you hear the truth about the actual lawapplied to the facts of your case, and not a sugar-coated versionof what might happen in a perfect world, you can make the bestdecision for you and your family. Do not think about your case aswinning or losing; instead, think about how to best achieve yourgoals, given your specific set of facts. Every case is different, andhiring a lawyer that treats every case the same will lead to yourdissatisfaction with the outcome of your case. If you want generaladvice that is given to everyone without any examination of thefacts of your case, you can receive free generic information on thecourt system's website.

Be Prepared to Litigate orWaste Your Money Negotiating

After our initial...