Divorce Litigation

After you retain a divorce lawyer licensed in the NY courts, there may be some issues that are not able to be resolved between the parties. Those may need to be litigated. This is where who you have as your lawyer is critical. In the event your divorce is litigated in Court on issues for example on high net worth divorces, pension plan distribution, who gets the marital home, does it need to be sold, who gets the kids, can I get a piece of his professional practice, can I get a part of his business, child custody, child support, equitable distribution, make sure you have a family law attorney who is a seasoned litigator. Not all divorce lawyers are. We have been through enough courtroom battles to know that. Find not only a divorce lawyer who promises to "fight all the way" for you, but one that has the highest chance of obtaining the result you want within your budget. And never forget that in divorce litigation, the law in NY has developed that under the right circumstances, one spouse can be ordered by the court to pay for the other spouse's legal fees. Hence, don't believe anyone who says "you can't win this, he has more money than you and will bury you with legal fees." NY divorce law under the right set of facts has a way of 'burying' with legal fees the more financially superior spouse. The law is set up so that both parties can have lawyers to represent them, even if one was the stay-at-home parent not working and with no bank account.

Z.G. Najdovski. Esq. is a trial lawyer first and foremost. He was hired out of law school by Martin Clearwater and Bell in their Litigation Department, attending court conferences and settlement conferences almost on a daily basis in the Supreme Court of the Counties of New York, Westchester, Queens, Kings, Richmond and the Bronx. He has been hired in the past by other law firms to do their trials. He has litigated over 100 cases in the Supreme Courts of New York, Westchester, Queens, Bronx, Nassau and Suffolk. He has appeared at trials and hearings on custody and divorce in New York, New Jersey and Connecticut.

If you are faced with a spouse in Court who wants nothing less than to impose upon you a bleak future of unrelenting and unconscionable monthly alimony or child support running into eternity, or you are faced with a husband who has forgotten your input into the marriage, then you will need a lawyer who is first and foremost trial ready. Shrewd helps too. Ron Perelman of Revlon said "I can feed my child on $ 3.00 per day," he being the billionair owner of Revlon, on the front cover of the NY Post. So, an order for $ 10,000.00 in child support does not sit well with a lot of non-custodial parents; so they may fight for custody to be the custodial parent, hence, no child support.

Most divorce cases end in a mutually agreeable settlement by the parties with the help of their attorneys who assist in negotiating their respective positions. When spouses cannot come to a settlement agreement with respect to property rights, alimony, child custody and visitation, and so on, their case is then litigated in court.

The issues of property division, right to a divorce, maintenance, and custody are then decided by a Justice of the Supreme Court of the State of New York. Should you wish your case to go to trial, not obtaining an experienced trial lawyer is probably the single worst mistake you can make. Your lawyer must not only be zealous enough, but must have the resources to prepare you, prepare your witnesses, and prepare you documents and trial exhibits is crucial before trial. The computer technology we have in our firm streamlines this process. In fact, we have a whole inner page on this website called "Our Technology."

With years of experience we have a list of trial experts, evaluation of business experts, evaluation of license experts, private detectives, and psychologists, all of whose testimony may be necessary to prove your case. After the Court hears from all witnesses from both sides, admits into evidence documents from both parties, and takes into account any applicable statutes, rules and precedent cases, it will rule on the various issues to be decided.

Our office is experienced in handling child abduction cases brought pursuant to the Hague Convention on the Civil Aspects of International Child Abduction, as well as negotiating child custody and visitation, split-parenting, joint legal custody and joint physical custody. New York Courts apply �the best interests of the child� standard as the guiding principle to be applied in deciding which parent the child shall live with. Through years of experience we have accumulated a list of respected trial experts, forensic psychologists, and scientific articles on the issue of what is best for your child.

Relocation of the child with the custodial parent after the divorce is finalized should be another area of concern to the non-custodial parent. Believe it or not, there is one thing more emotional for parents than fighting over who gets custody of the kids, or who keeps the Park Avenue co-op, and that is the all-out litigation that ensues when the custodial parent wants to relocate with the child after the divorce is finalized to another state or out of the country all together. What are the non-custodial parent's rights? Do the children have a say in staying or relocating? Can you obtain a court order to temporarily stop the custodial parent from relocating until the judge hears the reasons why he or she wants to separate you and your child by 2,000 miles? The answer to the last question is: you may not be able to, but we can.