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Property Division

The court will award property in a divorce action based upon the principle of "equitable distribution." "Equitable" means "fair," and does not necessarily mean "equal" distribution. In general, separate assets tend to stay separate, with certain exceptions to this rule.

New York courts will apply a list of factors to determine what is "equitable" or "fair" based upon the circumstances of each particular case. You will be permitted to conduct financial discovery regarding assets, including real estate, mortgages, bank accounts, debts, pensions and retirement accounts.

Depositions may be held and the court may appoint appraisers to determine the value of assets which are not liquid in character, such as real estate holdings, businesses and deferred compensation plans.

This is a complex area of litigation, with issues of appreciation and claims of separate property. As your attorney, I will provide you with experienced, aggressive and dedicated representation at this important time.

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