Daniel Genaro Sevilla

Attorney Brian D. Perskin's Law Firm Meet the Team Brian D. Perskin & Associates P.C Founder- Brian D. Perskin EDUCATION ● Washington College of Law, J.D., 1990. ● Brandeis University, B.A., 1987. BAR ADMISSIONS ● Mr. Perskin is admitted to practice in New York State and before u. s. District Courts for the Southern and Eastern Districts. PUBLICATIONS ● Winning Divorce Strategies. ● How to brace oneself for a Forensic Evaluation. ● Hiring your Divorce Lawyer. ● Importance of Discovery. Partner- Evan S. Seckular Evan Seckular, a partner at Brian D. Perskin & Associates P.C., developed his deep interest in New York family law in college while attending the University of Pennsylvania and clerking during the summers in both the Family and Supreme Courts in Westchester County, New York. After determining that he wished to pursue a career in law, he went on to receive his Juris Doctorate from the Benjamin N. Cardozo School of Law. Mr. Seckular joined Brian D. Perskin & Associates P.C. within the year 2009. At Brian D. Perskin & Associates P.C., he focuses exclusively on matrimonial and family law with stress on litigation in matters of custody and visitation and equitable distribution for top net worth clients. Mr. Seckular studied peacekeeping, Spanish, and Economics at the University of Pennsylvania, where he received his Bachelor’s degree. He's originally from Long Island and was raised in Scarsdale, New York. Today, Mr. Seckular is married and lives in Westchester, NY together with his wife and a pair of children. Mr. Seckular has received the elite distinction of being nominated, and selected, as a brilliant Lawyer for 2016, 2017, 2018, and 2019. Sr. Associate Atty.- Jennifer L. Cohen-Vigder EDUCATION ● Juris Doctor, Brooklyn Law School, 2002 ● Edward V. Sparer Fellow ● Editor, International Journal of Law ● Recipient of the Carole Mehlman Gould Prize for Greatest Contribution to Women’s Rights While in the School of Law ● Bachelor of Arts, New York University, 1999 ● Dual Major in Women’s Studies and Politics ● Minor in Pre-Law Associate Atty.- Gabrielle H. Hagege Graduated from Georgetown University school of law in 2014, and is admitted to the NY State Bar. Joined Brian D. Perskin & Associates P.C. in 2014. Ms. Hagege lives in Manhattan. Of Counsel- Richard Andrew Miller Custody Law and Visitation Issues, Child Abuse Law, Juvenile Delinquency Law, Child Support Law, Foster Care Law Sr. Paralegal- Christin Grech Paralegal- Jared Perskin ESQ- Stephanie Perskin ESQ- Sara Jane Bullard Alejandra Lara Introduction and Divorce Grounds in NY The legal practitioner has been licensed to practice in New York. Brian D. Perskin & Associates P.C is a Manhattan law firm that represents clients handling a big caseload of family law and divorce matters. Dedicated representation in New Jersey Matrimonial & Family court matters. Their highly competent legal staff has nearly 40 years of collective experience serving clients altogether in parts of NYC from Brooklyn, Queens, Brooklyn State, and New Jersey. If you've got concerns regarding changing your current lawyer, high net worth divorce case, custody case, divorce case, family matters, and support issues. Their office is receptive serve your needs. What are the grounds for divorce in New York? Multiple grounds are often alleged in New York in a very divorce action. However, in October of 2010, New York State became the last state to finally enact a No-Fault divorce ground. The grounds for divorce in NY are (1) Cruel & inhuman treatment; (2) the abandonment of Plaintiff by Defendant for a period of 1 or more years; (3) the confinement of Defendant in prison for a period of three or more consecutive years after the marriage; (4) the commission of adultery voluntarily performed by the Defendant with an individual aside from the Plaintiff after the marriage; (5) living apart pursuant to a decree or judgment of separation for a period of 1 or more years after the granting of such decree or judgment; (6) living separate and apart pursuant to an instrument of separation signed by the parties for a period of 1 or more years after the signing of the agreement; (7) the link between husband and wife has deescalated irretrievably for a period of a minimum of six months, providing one party has so stated under oath. Paragraph 7 above is the No-Fault ground for divorce. And what this essentially means may be a divorce is granted on its ground only after the parties or the court has resolved ALL issues within the marriage. This can be different from all of the opposite grounds for divorce. Which needs that the party proves the bottom for divorce before a final determination is made. On all of the opposite economic and custody problems with the marriage. Fields of expertise commonly encountered in practice The decision to dissolve a wedding is often one of the foremost difficult decisions an individual makes. Brian D. Perskin & Associates P.C is an expert on whether a disagreement is about: Child Custody- A New York court can make orders about the child's custody only until the child is eighteen years old. The Court gives custody supported what's best for the kid, this is often called the "best interest of the kid." If there's no judicial writ, then both parents have equal rights to physical and legal custody of the kid. In NY, 18-year-old children are no longer subject to an order of custody. Property Division- NY is an equitable distribution state, which suggests the court will divide marital property between spouses in a way that's equitable or fair. Under New York's divorce laws, courts only divide marital property, and spouses get hold of their separate property. Duty Support- Under NY State law, parents are responsible for supporting their child until the kid is 26 years old. Child Support also includes providing insurance coverage. Duty of support means an obligation imposed or imposable by law to produce support for a child, spouse, or former spouse, including an unsatisfied obligation to produce support. Alimony- In New York, alimony is described in three different ways: alimony, spousal support, and maintenance. “Temporary maintenance” is an order that one spouse must financially support the spouse while the divorce is being finalized. Once the divorce is finalized, the temporary maintenance stops. NYS alimony laws require courts to use a statutory formula to calculate support. Divorce- A New York court can only decide a divorce case if a minimum of one amongst the spouses could be a New Yorker. In most cases, one of the spouses must have lived in New York for a minimum of one year before trying to induce a divorce. In general, the divorce becomes contested. A competent attorney can help clients reach an agreement on altogether with aspects of divorce. If you've got any inquiries regarding the above-mentioned contested matters on divorce. You'll reach them by calling at 1-800-Divorce. Their office is found at 600 third avenue, 2nd Floor, New York, NY 10016. Is it time to replace your divorce attorneys? If you've got problems with your lawyer or become unhappy with their services, the primary thing you ought to attempt to do is to talk together with your lawyer to undertake to figure it out. There are also some misunderstandings that may be cleared up easily with direct communication. You will want to put in writing your concerns down and request a written response, which can be easier for both of you. If you're still unhappy or uncomfortable, you have got the right to terminate the lawyer-client relationship and find a replacement lawyer. You can change lawyers by filing a Consent to change Counsel signed by the retiring counsel and you as the party. Certain courts require that the Consent change Counsel be ordered by the court. You just should sign a form for Consent to change Attorney. And that’s it, Brian D. Perskin & Associates P.C will get the files from your former lawyer. Just in case the previous one doesn’t want to convey the files. They will still have it by visiting the Courthouse and have it copied for you. It is not an enormous deal because it happens all the time. Because people may tend to decide on and hire the incorrect lawyer to start out. People tend to hire the primary lawyer that they meet and told them what they need to listen to. That's what makes Brian D. Perskin & Associates P.C different from them. Because they tell people what probably happen in their case. The proper firm makes the difference. They'll welcome you to their office and you'll be able to discuss the matters personally with Attorney Brian or his Associate Lawyers. You don’t even need to tell the name of your previous lawyer and therefore the details that they provide. A summary of your case is simply what they have to understand. For them to return up with legal advice. And see for yourself the difference. A representation that you simply can figure out. The law firm's profile At the Law Offices of Brian D. Perskin, they have extensive experience in handling all sorts of divorce and family law issues, particularly contested divorce and complex matrimonial and custody cases. Their attorneys provide legal services for all domestic relations matters, including prenuptial and separation agreements likewise as an uncontested divorce, spousal support, visitation, and domestic violence. Irrespective of the particular issue you will face or how hopeless your situation could seem, an experienced NY divorce attorney at the firm could also be ready to help. Dedicated, knowledgeable lawyers who deeply care about their clients' best interests. The legal team has over forty years of collective experience in divorce and custody cases and is definitely accessible at either of their two law offices: one in New York, NY, and also the other in Brooklyn, NY. The team has successfully maintained a commitment to excellence in New York family law. After you work with a lawyer at the firm, you may experience the amount of service and knowledge that has made them one of the leading divorce law firms in NY. They believe that a successful law firm should have a team of pros at its disposal, including forensic accountants, psychologists, and pension appraisers. To safeguard and protect the most effective interests of their clients. Your attorney may have to utilize anybody or more of those professionals to produce you with the best legal assistance possible in your divorce or family law matter. At the Law Offices of Brian D. Perskin, the team is well equipped with the resources to handle any issues which will arise in an exceedingly contested divorce or matrimonial action. At the law firm, they deal with clients throughout NY, Brooklyn, Bronx, Queens, and Manhattan. By responding promptly to any or all inquiries and maintaining constant communication with the clients on the status of their cases. They supply a tier of service that produces clients comfortable in working with a lawyer at the firm. They pride themselves in offering professional services that aren't overpriced. Areas of Practice (23) ● Divorce ● Equitable ● Orders of ● Uncontested Distribution Protection Divorce ● Fathers Rights ● Parental ● Business Asset ● Gay and Alienation Division Lesbian Divorce ● Prenuptial ● Child Custody ● Grandparents' Agreements ● Child Support Rights ● Relocation ● Child Visitation ● High Net Worth ● Spousal Support ● Domestic Cases ● Visitation Cases Violence ● Mediation ● Women's Rights ● Enforcement of ● Military Divorce Orders ● Modifications Steps Before Getting a Divorce Legally ending a wedding comes with mounds of paperwork, division of assets, settling of debts, and navigating a brighter future. Below, with the assistance of legal experts, are outlines of nine steps to require when preparing for divorce. Find a Divorce Attorney It is easier and less costly if you and your spouse can settle without litigation. The simple idea is, don't spend 10 to induce 5, both financially and emotionally. Gather Financial Information Next, you wish for a transparent picture of where your finances stand, which is able to help determine the distribution of marital assets and debts. Determine What You Own Marital property and assets are the marital home, financial accounts, and vehicles. Assets that ought to be split equitably. Other not-so-obvious assets may include artwork, pension plans, inheritances, or belongings brought into the marriage. Determine What You Owe Although it varies by state, marital debt tends to be split equitably, not by whose name the debt is in. The simplest way in determining marital debt is to obtain a duplicate of your credit report. Any debt you have got is listed on your report. Determine Income You need documentation showing your income and also the income of your spouse. If you and your spouse are salaried employees, you'll need a copy of the foremost recent pay stubs plus your most up-to-date Income Tax Return. Prepare an After-Divorce Budget Determine what you may survive once you're divorced. Revising your expenses will influence how you negotiate your divorce settlement in terms of what your options are or what you may ask should your case visit court. Establish Your Credit If you don’t have any credit in your name alone, establish some now by obtaining a credit card opened in your name only. Once you have got a credit card in your name, use it sparingly. The goal is to determine an honest credit score, to not run up a bunch of debt. Evaluate and Protect Financial Accounts It isn’t uncommon for a spouse to raid financial accounts after learning there's an impending divorce. Remove half the funds from the joint accounts, and deposit them into your new accounts. Close Joint Credit Accounts Close all joint credit accounts before separation. Closing them before divorce proceedings will keep a spouse from using the account and running up charges that you just may later be held liable for. The documents you may need when meeting along with your divorce attorney Consider this your divorce preparation checklist for document preparation. Documents associated with Income ● Your paycheck stubs from all sources of employment over the last year. taxation returns and associated with self-reported income. Documentation from any business you or your spouse held an interest in over the past three years. ● Spouse's paycheck stubs for the identical period of your time. ● Business expenses if either you or your spouse is self-employed. May include check registers, bank statements, canceled checks, payment receipts, financial statements, and profit and loss statements. ● Copies of your joint or individual tax returns, both state and federal, for the past three to 5 years. ● A copy of any financial statements or statements of net worth prepared by you or your spouse. Documents associated with Real Estate ● Documents showing the legal description of any real estate owned together or separately are obtained from your mortgage company or bank. ● Your current mortgage statements on any mortgages you have got on the estate property. ● Documents regarding the initial purchase of the real estate. ● If the real estate is refinanced, all documents regarding the refinance. ● Tax assessor’s statement(s) per any and all real estate. Documents associated with Joint Financial Accounts ● Savings passbooks and savings certificates of the individual or joint accounts held individually or jointly by you and your spouse. ● Any and every bank statement for the past three years from any account in your name or held jointly along with your spouse. ● Statements from investment accounts you two hold jointly and separately. Documents associated with insurance ● Life insurance policies on your life, your spouse’s life, or your children, whether it's a personal policy or a policy through your employer. Including documents indicating a cash balance or loans against the policies. Documents associated with Marital Debts ● An itemized list of any outstanding, unsecured debts including credit cards, medical bills, and the other loans in your name or your spouse's name. Documents associated with Pension Funds ● Copy of recent statements for pension funds, retirement funds, 401(k) plans, mutual funds, or IRAs. Documents associated with Automobiles Owned ● Title or registration to all or any vehicles owned by you or your spouse individually or jointly, including but not limited to automobiles, boats, ATVs, snowmobiles, farm equipment, or other vehicles. ● Current outstanding secured debt on the vehicles, including payment coupons, amortization schedules, or monthly invoices. Other items to think about documenting are collectibles, jewelry, holding, coownership of companies, children's assets (such as education savings accounts and bank accounts), household furnishings, social media accounts, and other digital assets, memberships, and loyalty points/frequent flyer miles.