ASSET ALLOCATION

Property division is another hotly-contested area of the divorce process.  A successful outcome depends not only on legal knowledge, but also on the skill and experience in dealing with complex financial matters.

 

In order to set the foundation for division of marital property, the first task is to account for all property and income.

Additionally, the hard reality is that charges of waste or diversion of marital assets are essentially a routine part of the divorce process known as "dissipation."  The dissipation charge, as well as evidence offered in opposition to it, has very severe consequences.  Specifically, upon consideration of the evidence, the Court decides if the party accused of "dissipation" has improperly stripped the marital estate of assets.  If the answer is in the affirmative, the "dissipating" spouse's share of the marital pie will be reduced by an amount equal to the amount he/she dissipated.​

 

In light of these realities, your attorney must possess the skill and background to process financial documents/information with accuracy and reasonable speed.  In the absence of these qualities, your case may be derailed by inaccuracy and/or excessive legal costs.  If your marital estate contains real/commercial property or a business interest, financial credentials once again come into play.  ​

 

For example, in a typical case, one spouse will retain the marital residence and "buy out" the other party's share in the residence. Since the value of the property is unknown, both sides will usually retain their own expert witnesses to appraise the property.  As you might expect, the spouse wishing to retain the house will almost always end up with an expert report appraising the property at a lower value.  Unless the difference is marginal, the client's interest will be to effectively challenge the opposing appraisal by identifying flaws within the report or perhaps in the credentials of the appraiser.  Such evidence can then be submitted and the attorney can effectively convince the Court to reject the opposing appraisal and accept the appraisal performed on behalf of his/her client.​

 

Our firm brings the credentials you need for a favorable financial division.  Our attorneys have extensive experience in dealing with complex and diverse estates, valuation of business interests, appraisals and tax matters.  Furthermore, our knowledge is based on an educational foundation uniquely tailored for your needs.  Mr. Kazmar, for example, has a preeminent background in accountancy, economics, econometrics, statistics, finite mathematics, probability and other complex fields of mathematics.  

 

Mr. Kazmar has experience in deposing valuation experts, appraisal experts and analyzing/preparing complex financial evidence.  Ms. Feely has similar credentials and is highly skilled and well-versed on the subject matter. Our attorneys have extensive history of interacting with accountants, appraisers and valuation experts.  We have detailed understanding of personal tax returns, corporate returns, balance sheets and profit and loss statements.  Our experience in the field of finance enables us to assist you with the retention of the most qualified experts.  Likewise, our financial experience enables us to communicate effectively with the field of financial experts, thus ensuring that nothing is "lost in translation."