Complex Challenges in Matrimonial Actions
Suffolk County Divorce Lawyer and Complex Matrimonial Challenges
Finding Answers to Complex Divorce Problems
Complex challenges often fall into two broad categories, complicated facts and complicated procedural issues. Often, the two are intertwined.
Divorces with Complex Facts
Complicated facts are factual situations that are case specific. Assets and income may be hidden by simply not disclosing them and locating them in accounts where they are not likely to be found. Other times, income and assets are hidden in plain sight. Multiple transfers into and out of accounts creating a shell game is often an indication of undisclosed finances. New expenses that are not properly explained is another way income and assets are concealed. Being able to identify these signs is paramount, as missing these signs may result in missing the need for additional discovery and the use of experts.
Other times, complex facts arise due to complicated transactions. Inherited assets is one of the most common examples, as it can result in individuals who have a vested interest in property without their express knowledge.
Divorces with Complex Procedural Issues
Separate from complex facts is complex procedural issues. Procedural problems can occur with even simple facts. The most telling sign here is the lack of the ability to be heard. Complex procedural issues covers situations such as a court following the rules of procedure, disregarding its own orders, revising its own orders, issuing sua sponte orders all result in orders determining the merits to the detriment of one party due to procedural violations.
Correcting procedural mistakes is almost always possible under the CPLR, but knowing the correct rules of procedure to correct these errors is paramount, and often requires coordinating requests for relief in both the appellate division and the trial level.
In the FAQ section below are some representative samples of various non typical situations we have handled. Many of these came from clients whose prior attorney was unable to find a solution. Sometimes we worked in conjunction with the client's existing attorney, other times we became the attorney of record.
Services Offered
- Hidden Asset Discovery: Use of expert forensic accounting and financial analysis. Tracing of complex financial transactions.
- Coordination with Experts: Work is done in conjunction with experts to obtain key discovery, value businesses or complex assets
- Tackling Procedural Barriers: Navigating and correcting procedural errors at both trial and appellate levels to ensure clients' rights are protected and heard.
- Litigation Strategy: Specific litigation strategies for cases with non typical issues.
Why Choose the Law Office of J. Douglas Barics
If you have a complex matrimonial problem that seems to defy an answer, please reach out to us, as we welcome complex issues. With nearly 30 years experience, we have solutions for nearly every complex problem.
Do you need representation in a divorce or matrimonial action involving complex legal questions?
Contact us online or at (631) 864-2600.
What You Need to Know About Complex Matrimonial Challenges
What happens when a judge decides to change an existing order?
A court is without authority to change or amend its own orders or judgments on its own initiative if it affects a substantial right, and has limited authority to do so upon request. These exceptions fall under a motion to reargue or renew under CPLR 2221, and a motion under CPLR 4404 or 5015.
What happens when a spouse has a cash business and hides income?
When a spouse hides money through a cash business it can be discovered through a number of ways. One common method to address unreported income is to look at inventory of consumable supplies. For example, while all coffee sales may not be reported, the amount of coffee cup lids are traceable and can be used to determine the amount of coffee sold. If the numbers don't match then backing into the financials through alternate methods may be required.
What happens when a prior divorce is not finalized before getting remarried?
If a prior divorce is not finalized before getting married then the current marriage is void from the start. But a void marriage still authorizes the court to award the exact same relief as a divorce, as the act of getting married is the basis for the court's authority to grant relief. The law is written this way to prevent an innocent spouse from losing their rights due to an honest mistake on their end, and to allow appropriate relief when the bigamous marriage is part of a larger scheme of fraud.
What happens when the marital residence is purchased shortly before the marriage?
If the marital home is purchased before the marriage, it is not considered marital property, as marital property is specifically defined as all property acquired from the date of the marriage to the date of commencement. When this situation occurs, there are two distinct remedies. Either or both must be part of the divorce complaint or the answer with counter-claims, or they must be filed as a separate cause of action with a new index number.
- Partition. A partition action will be needed if the house is purchased before the marriage and the only names on the deed are the spouses. It may also be used if a marital asset is also held with a third party.
- Constructive Trust. A constructive trust is used when one spouse gives money or pays for property acquired before the marriage but does not have their name on the deed.
- Hybrid Partition and Constructive Trust. Sometimes both a partition and a constructive trust must be used in conjunction with each other. For example, if a house is purchased by the spouses before the marriage, but one spouse's interest is held by a third party for whatever reason, a combination of both a constructive trust and a partition will be needed to obtain an equitable result on all issues, as the remedies needed fall outside the authority of a matrimonial action.
What can be done when a spouse obtains a divorce without knowledge of the other spouse?
There are two ways to obtain a divorce without the knowledge of the other spouse. The answer will depend on which one it is.
- Ex Parte Divorce. An ex parte divorce is a divorce based upon one spouse appearing in the divorce. It is void as a matter of policy. In addition, a matrimonial action can be brought to have the court issue a declaratory judgment declaring it void so that there is proof beyond the word of the parties.
- Default Divorce. A default divorce occurs when the defendant fails to respond after being served. If the defendant was served but did not respond, then the defendant must show a justifiable reason why not. But if the defendant was never served, then the entire divorce can be vacated far easier. If fraud was used to mislead the court about service, then it is even easier to reopen it.
If fraud is committed in the divorce what are the options?
If fraud is committed in a divorce the way it is dealt with will depend on what stage the divorce is in.
- The divorce is ongoing. If the divorce is ongoing, that's the best time to address fraud as a the best divorce lawyers will know how to handle it through discovery and experts.
- Intrinsic Fraud. Intrinsic fraud is fraud that is discovered after the judgment has decided everything and the party seeks to reopen the divorce based on the fraud. The issue here is whether the fraud could have been discovered through due diligence or not, and if so, its difficult to re-open the case.
- Extrinsic Fraud. Extrinsic fraud is fraud that occurred outside the divorce process itself and refers to the use of fraud to obtain jurisdiction over the defendant so as to deprive them from being heard. If this kind of fraud is shown, the entire divorce can be thrown out and started fresh.
Contact Our Divorce Attorney Today
At the Law Office of J. Douglas Barics, we have the skills and knowledge to handle any complex divorce, no matter how challenging or convoluted. With over 25 years of matrimonial experience, we can bring to you the services of a large firm at a fraction of the cost. When you need a skilled matrimonial lawyer located in Suffolk County, call The Law Office of J. Douglas Barics.
For a free phone case consultation or to schedule an office meeting, call 631-864-2600.