How Robert S. Gershon, Brooklyn Divorce Lawyer, Helps Your Matrimonial Case
Divorce is more than just the end of a marriage, it’s a life changing event that can impact your finances, your children, and your future. If you’re facing a divorce in Brooklyn, you need a lawyer who not only understands the law but also understands you. That’s where I come in. As an experienced Brooklyn divorce lawyer, I am here to provide the legal experience, compassionate support, and personalized attention you need to navigate this difficult time.
My name is Robert S. Gershon, and I have been practicing matrimonial and family law in Brooklyn for over thirty years. During that time, I’ve helped countless clients like you achieve fair and favorable outcomes in their divorce cases. Whether your divorce involves complex financial issues, child custody disputes, or spousal support concerns, I have the knowledge and experience to guide you through every step of the process.
Understanding Your Needs and Goals
Every divorce case is unique, and my approach reflects that. From our very first meeting, I take the time to listen to your story, understand your concerns, and identify your goals. Are you worried about losing your home? Concerned about how your children will be affected? Struggling to navigate the financial complexities of divorce? Whatever your situation, I will work with you to develop a strategy that protects your rights and achieves the best possible outcome.
My priority is to make the divorce process as smooth and stress-free as possible for you. I’ll handle the legal complexities so you can focus on rebuilding your life.
Navigating Brooklyn Divorce Laws
Divorce laws in Brooklyn can be complex, but I’ll help you understand how they apply to your case. In New York, you can file for divorce based on either “fault” or “no-fault” grounds. A no-fault divorce means that neither spouse is blaming the other for the end of the marriage. Instead, the marriage is considered “irretrievably broken” for at least six months. Most divorces are filed with those grounds. Fault-based divorces, on the other hand, involve specific reasons like adultery, abandonment, or cruel treatment. Trials on the sole issue of grounds for divorce are rare and discouraged by the courts.
Understanding these laws is crucial because they affect everything from property division to spousal support. With my guidance, you’ll have a clear understanding of your rights and options, so you can make informed decisions about your case.
Division of Marital Assets and Debts
One of the most challenging aspects of divorce is dividing marital assets and debts. In Brooklyn, the court follows the principle of “equitable distribution.” This means that assets and debts are divided fairly, but not always equally. The goal is to ensure that the division is just, based on factors like each spouse’s financial situation and contributions during the marriage.
Here’s how marital assets and debts are typically handled:
- Marital Assets : This includes your family home, vacation properties, bank accounts, retirement funds, and personal belongings like cars and furniture.
- Marital Debts : This includes credit card debt, mortgages, and medical bills. The court will decide how to divide these debts based on factors like who incurred them and how they were used.
For example, if you and your spouse own a home together, the court may decide to sell the property and divide the proceeds, or one spouse may buy out the other’s share. Retirement accounts, like 401(k)s or pensions, may be subject to division, often through a legal process called a Qualified Domestic Relations Order (QDRO).
I have extensive experience handling these financial matters and will work tirelessly to ensure you receive a fair share of assets and a reasonable division of debts.
Child Custody and Support
If you have children, determining custody and support arrangements will be one of the most important parts of your divorce. This process can be emotionally challenging, but I’m here to help you through it.
There are different types of custody arrangements:
- Legal Custody : This gives a parent the right to make important decisions about the child’s upbringing, including education, healthcare, and religion.
- Physical Custody : This determines where the child will live.
- Joint Custody : Both parents share legal and physical custody rights.
- Sole Custody : One parent has exclusive legal and physical custody rights.
In New York, the court considers several factors when deciding custody, such as the child’s age, relationship with each parent, and each parent’s ability to provide for the child. For example, if one parent has been the primary caregiver, the court may favor that parent for physical custody. However, the court also values the child’s relationship with both parents and will often encourage joint custody arrangements when possible.
Child support is also an important consideration. The court calculates child support based on the parents’ combined incomes and the child’s needs. The goal is to ensure that the child’s standard of living remains consistent, even after the divorce. My role is to help you understand your rights and responsibilities, always keeping the best interests of your child in mind.
Spousal Support (Maintenance)
Spousal support, also known as maintenance, may be a factor in your divorce. Maintenance refers to payments made from one spouse to the other for financial support during or after the divorce. The court considers several factors when deciding on maintenance, including:
- The length of the marriage
- The income and earning potential of each spouse
- The standard of living during the marriage
For example, if one spouse has been out of the workforce for several years to care for the family, the court may award maintenance to help that spouse transition back into employment. Maintenance can be temporary or long-term, depending on the circumstances.
I have extensive experience negotiating and litigating maintenance issues. My goal is to ensure that any support arrangements are fair and reasonable, based on your unique circumstances.
Negotiating Settlements or Going to Court
There are two main ways to resolve a divorce case: through negotiation or litigation. Negotiation involves working with your spouse to reach an agreement outside of court. Litigation means taking the case to court and having a judge make the decisions. Both approaches have their pros and cons, and the best choice depends on your situation.
Negotiation is often less expensive and time-consuming than litigation. It also allows both spouses to have more control over the outcome. However, if your spouse is unwilling to cooperate or if there are significant disagreements, litigation may be necessary.
I have a proven track record of successfully negotiating settlements that protect my clients’ interests. However, if your case requires it, I am fully prepared to advocate for you in court.
Why Choose Robert S. Gershon as Your Brooklyn Divorce Lawyer?
Choosing the right divorce lawyer is one of the most important decisions you’ll make during this process. Here’s why I may be the right choice for you:
- Experience : With over thirty years of experience, I have a deep understanding of Brooklyn’s divorce laws and courts.
- Personalized Attention : I take the time to understand your unique situation and tailor my approach to your needs.
- Affordable Representation : I offer transparent, reasonable fees without compromising on the quality of my services.
- Compassionate Support : I understand how difficult this time can be, and I’m here to provide the guidance and support you need.
If you’re seeking a divorce in Brooklyn, don’t face it alone. Call me at [PHONE] to schedule a consultation. Let’s work together to navigate this challenging time and secure the best possible outcome for you.
