Going through a divorce is stressful, but having a seasoned attorney on your corner makes all the difference. For more than 13 years, Mr. Acosta-Diaz has been successfully representing spouses in divorce, custody and child support disputes. This experience has given him a clear understanding of the financial and emotional issues that a person faces in a divorce or a family court case. Mr. Acosta-Diaz frequently represents individuals in the negotiation of high-net-worth prenuptial agreements as well as in highly contested divorce cases. If you find yourself in a situation where you need to consult with a divorce lawyer, make sure you reach out to an experienced matrimonial lawyer. Mr. Acosta-Diaz has the experience to answer all your maintenance (alimony), custody, child support and equitable distribution questions in a clear and honest manner.
Mediation and Settlement Not all divorce cases require a trial. Some cases can be resolved with a mutually agreeable settlement. But before you reach an agreement, it is important for you to be fully aware of your rights and the claims that you are entitled to make in light of the circumstances of your marriage. If your case is one that can be potentially settled, you will benefit by having a lawyer with a strong grasp of the law, particularly the most recent changes to New York Domestic Relations Law. Mr. Acosta-Diaz periodically invests countless hours updating himself with the most recent legal developments in the area of matrimonial law. He also possesses the necessary mediation skills to pursue an amicable resolution of your case. The mediation process tends to be very productive. Even when it is not fully successful, medication may help resolve some of the issues in a case or allow the couple to reach a temporary agreement while the continue to explore a complete resolution of their case. Contested Divorce Cases Sometimes couples are too far apart in terms of what they believe would be a fair and equitable distribution of their marital assets. In some instances, couples cannot agree on custody and visitation arrangement. Other times, a spouse refuses to negotiate in good faith and they persist in making unreasonable settlement offers. Under those circumstances, you will benefit from having a lawyer who is able to prepare and take your case to trial Mr. Acosta-Diaz is armed with the experience and resources to vigorously litigate every aspects of your divorce and get you the fair and equitable resolution that you deserve. Prenuptial Agreements Many judges begin their divorce decision by stating that a marriage is “an economic partnership.” This means that while we view of the marital relationship as purely based on love, the relationship also has legal and financial implications. One of the goals of a prenuptial agreement is to establish the rights and the financial interest of each spouse in the event of a divorce. In doing so, a prenuptial agreement also eliminates the uncertainty that often comes with a divorce. A couple may not want to leave it to a judge to decide what will be considered separate property. They may want to be clear as to their respective share of responsibility for the payment of any debt that the other may bring or accumulate during the marriage. Couples who enter into a prenuptial agreement generally seek to have a clear understanding of any maintenance that they will entitle to or be obligated to pay, any separate property that the other will exclude from their marriage and the property/assets that will be distributed in the event of a divorce.
There are things to keep in mind when signing a prenuptial agreement. The first thing to keep in mind is that you should not based your understanding of it based solely on the opinion of non-lawyers. Relying on rumors or speculations could lead you to unknowingly waiving an important right or financial interest.
If you are going to be the payee of alimony or spousal maintenance, you need to be aware of the most recent amendment to the tax law. Under the old tax law, alimony or spousal maintenance payments were a deductible expense and included in the recipient’s income. Now, under the new tax law, the former spouse who receives the payment no longer counts the money she receives as income. Meanwhile, if you are the one making the payments, you can no longer count them as a deduction. The new tax law is only applicable to agreements entered into after December 31, 2018.
