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24/7/365 Emergency Hotline: 631-348-1702

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24/7/365 Emergency Hotline: 631-348-1702

If you have been arrested, or in case of an emergency, our attorneys can be reached 24 hours a day, 7 days a week, at 631-348-1702.

Separate Assets May Be Divided As Communal Property

Generally, in a divorce, there are communal assets and separate assets. In New York State, all assets acquired during the course of a marriage are considered communal property. This is commonly known as shared property or marital property. Separate assets refer to property that is independently owned by one spouse. Today, distinguishing between separate property and the communal property has become more complex, due to more individuals having a significant number and range of assets.

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Equitable Distribution

In New York State, the law provides for an “equitable distribution” of assets and liabilities that were accumulated throughout the duration of a marriage. The majority of the accumulated assets obtained during the marriage are considered to be marital with a few exceptions. The first step in determining equitable distribution is to evaluate the total assets and liabilities. If an individual is considering filing for divorce, it is important that he or she determines what constitutes marital and separate property as early as possible.

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Filing Taxes While Going Through a Divorce

When individuals are in the middle of their divorce proceedings, filing taxes may be the last thing on their minds. However, many who are in the midst of a legal divorce may have similar concerns when it comes to how they file their taxes. Do I file jointly or separately from my spouse? If we file jointly, how should the refund be paid to each party?

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Historic ruling allows wife to serve divorce papers through Facebook

Sometimes an individual seeking a divorce has trouble serving their spouse with divorce papers.  A Manhattan Supreme Court has ruled that Facebook may be used to serve a spouse via private message.

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Reviews

Mi experiencia con los los Abogados en Mcguirre, Peláez son muy profesionales le recomendaría a mucha de mis amigos hispanos
I can’t recommend Brett Bennett — or really, anyone at McGuire, Peláez & Bennett — highly enough. Hiring Brett was hands-down one of the best decisions I’ve made (and trust me, given why I needed a lawyer, I’ve made some questionable ones).

From the start, Brett made the whole process so much less stressful. He’s approachable, sharp, and always available to chat — no legal jargon, no intimidation, just solid, straightforward guidance. My case wasn’t exactly simple, but Brett’s expertise and understanding of the law turned what felt like a mess into a remarkably favorable outcome. Way beyond what I expected.

Also, special shoutout to the receptionist — she was an absolute gem. Every time I called, she was kind, helpful, and somehow managed to make the whole experience feel a little less daunting.

Bottom line: Brett was affordable, worth every penny, and then some. If you’re reading reviews wondering who to trust with your legal headache — take it from me, this is your guy.
Los abogados son expertos en lo que hacen. Me an ayudado anteriormente y hicieron un buen trabajo. Las muchas de frente son muy buena gente.
Response from the owner:Gracias. Thank you Juan.
Daslin helped so much in reducing my traffic ticket. All points were absolved, and I just had to pay a fee. I highly recommend!
Response from the owner:Thank you Yanni. We're proud of our staff and their commitment to excellence and professionalism. We are so happy to have been able to help you.
I couldn't be more pleased with the service. When I found myself in a frustrating traffic ticket situation, their team clearly explained my options, answered my questions, and resolved the issue. My ticket was reduced to 0 points and just a small fee. Special thanks to Daslin!
Response from the owner:Thank you John. So glad we could help.
Response from the owner:Thank you Edgar!
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