Settlement with the Courts

Once a divorce case is begun in New York, an Individual Assignment Judge will be assigned to your case, and you will normally stay with such judge until the case is tried and completed. During the pendency of your matter, both you and your attorney will have several opportunities to appear before that Judge in order to explore a global settlement. Today, since New York has adopted "no fault" the emphasis on a resolution of your case without further litigation will be focused upon support issues, as well as the division and valuation of marital assets.

In order to be an effective advocate, it is necessary for your attorney to come to court fully prepared and have all financial details at hand. Although much of what goes on in a Judge's Chambers (his office) involves oral advocacy skills, there is no substitute to bringing written schedules along for the judge which will show in graphic fashion your position with respect to all requests for support and a division of property.

For example, a written report will help where a husband claims that he has had a major drop in income since the divorce began, and you know that there has been substantial unreported cash in his business and that he has paid substantial personal expenses that may total thousands of dollars from his business.

Rather than just throwing oral figures at the judge, it would be much better to present detailed financial charts that would show throw backs to income from year to year and month to month. An analysis of travel and entertainment expenses, gleaned from credit cards would speak volumes on your behalf. These opportunities should not be overlooked.