New York Divorce Sanctions
A New York divorce sanctions attorney may be someone you turn to in the middle of a divorce when the other party is refusing to comply with existing orders. Sanctions during a divorce may be assigned at the discretion of the judge when one party believes that the other has broken the law or violated the orders. A sanctions divorce attorney in New York can help you navigate this process to ensure that the other party is held accountable, if necessary. If you have concerns about the other side not holding up their end of the deal delivering the equitable distribution of property, for example, your lawyer can help. (Insert link to distribeion of property)
Your lawyer can help you even if you intend to pursue forms of alternative dispute resolution when it comes to structuring a separation or divorce agreement that you and your spouse come together to draft. Making sure everyone is clear about their roles is important.
Sanctions boil down to the basic concept that these are penalties for bad behavior by your spouse or the spouse's attorney over the course of a divorce. These are governed by New York state law and can be imposed directly by a family law judge. Sanctions typically come about in the form of monetary damages and may be associated with any party who unreasonably delays the settlement of a case or when one party acts in a manner that violates orders.
This means that someone could be compelled to pay the attorney fees of a soon to be ex-spouse, denied an equitable share of the assets within the marriage or fined a large amount of money if you are determined to be guilty of sanctions. It is in the best interests of both parties to move forward through the divorce proceedings as effectively as possible, while minimizing the potential problems and issues. Family courts will frequently ask parties to cooperate as much as possible to resolve divorces, particularly when there are children involved and the decisions associated with the divorce will have ripple effects for those children.
The length and nature of a spouse's uncooperative behavior will be critical factors in determining whether or not sanctions are appropriate. Sanctions may also be imposed if you or the other party has tried to hide assets that otherwise need to be disclosed during a divorce case, clog up the court system with unnecessary motions or frivolous complaints or try to hide assets or if you refuse to comply with an order.
In one recent New York case, a former spouse who continued to file motions and claims over a seven-year period and refused to comply with existing court orders was fined over $60,000. Family courts have a broad range of different types of penalties they can pose, impose, or sanction sanctionable conduct.
The court will base the amount of the penalty on the additional amount of attorney fees on the other side because of the bad behavior. In some situations, the judge will even punish a spouse who hides assets by negating the typical right to a portion of those assets. If the court chooses to impose sanctions on an ex-spouse or on you, it is important to ensure that the other party has met all of his or her legal obligations. If your spouse has had sanctions imposed on them and you have failed to meet all of your legal obligations, you could lose monetary penalty on appeal.
Furthermore, the selection of the appropriate divorce attorney is extremely important because your lawyer's behavior can also lead to sanctionable conduct. Although many family law cases become hostile and contentious, you can do your best to avoid this by trying to cooperate with any court orders and choosing an attorney who you can trust for the duration of your case.