Complex challenges often fall into two broad categories, complicated facts and complicated procedural issues. Often, the two are intertwined.
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.
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.
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If you have have additional questions, contact our office to learn about your legal options if you are facing a complex matrimonial issue. To get your free phone consultation or to make an appointment, call (631) 864-2600. Serving clients in Suffolk, Nassau, Queens, Manhattan, Bronx, Westchester. Rockland, Orange and other surrounding counties are accepted on a case by case basis.
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