David Centeno Law, PC Donates to Organizations Fighting Bigotry, Islamophobia, Homophobia, Antisemitism and Racism

David Centeno Law, PC is dedicated to combating all forms of prejudice and bigotry in our great nation.  As such, we have donated to various groups whose mission is to combat the hatred, ignorance and division that ails our society.

In light of the current state of our nation, please consider donating to the following organizations by clicking on the links below:

aclunaacphrc        splc

 

Thank you for doing your part to keep this country a safe place for all.

Are We New York Divorce “Specialists?”

Специалист (specialist). Печать и оттиск

A common question that potential clients have for the firm is “do you specialize in divorce?”

While my firm primarily handles divorce, unfortunately I cannot state that we are New York divorce specialists.

New York attorneys are governed by the New York Rules of Professional Conduct (N.Y.R.P.C.) and Rule 7.4 of N.Y.R.P.C. specifically states the following:

the lawyer or law firm shall not state that the lawyer or law firm is a specialist or specializes in a particular field of law

Therefore, while my firm has handled thousands of divorces, ranging from simple uncontested divorce to complex high net worth divorce litigation, we cannot say “yes, we specialize in divorce.”

Regardless, I am confident that my firm has the experience and hard-earned skills to represent your interests in your divorce — whether it is extremely simple or highly complex.

Give us a call now to schedule a free phone consultation — (866) 830-2064.

Attorney David Centeno Selected to be Huffington Post Contributor

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We are proud to announce that Attorney David Centeno has been selected to write for the Huffington Post as an expert on New York divorce and family law issues.  Attorney Centeno says “It is a true honor to have been selected, as I have always admired HuffPost.”

You can find his first post here: Why Where You Divorce Matters: Equitable Distribution vs. Community Property

and his Author Bio Page here: David Centeno Huffington Post

Attorney Centeno looks forward to contributing regularly to the best online newspaper there is: The Huffington Post!

A New Era?

Could this be the dawn of the new civil divorce? Last Friday Gov. Jay Inslee signed the Uniform Collaborative Law Act which allows couples to agree on the terms of their divorce without going to court at all.

This act can save many couples the heartbreak of a long protracted divorce, played out in public and gives a better chance to ending it all amicably.

Still it doesn’t remove the contentious part of divorce. Both parties still have to agree to meet outside of the court and come to an agreement. Without the guidance of the judge it can be an even harder task as well, but it does give the opportunity for couples to work out their financial issues without influence.

But why is news of this law gaining so much traction? Well, yes the benefit for the parents is obvious however the most beneficial facet of the new law is the fact that it protects the children from the exposure of a long divorce case. As most children who go through divorce end up mentally scarred it is important to take any steps to limit this effect.

4 tips for parents going through divorce

Divorce is hard, but it’s even that much harder when there are children involved. It’s one thing to attempt to deal with those feelings yourself but when you heap kids on top of that it becomes a real issue. Fox has outlined 4 important tips for parents going through divorce. Adhering to these can be the difference between a protracted situation and a smooth transition.

 

Read More: Fox 

Ozzy Osbourne: 44 Days Sober, No Divorce

Divorce rumors have been swirling around former rockstar Ozzy Osbourne and his wife Sharon but it seems that they are only rumors. Though the Osbourne family has been met with increasingly difficult news over the past few years, it appears that this isn’t one more thing to add to the list.

Read More: ABC 

Divorce Is A Right, Not A Crime

When the word divorce is mentioned it usually brings about disparaging looks and cries of the ‘good old days’ when people would ‘stick it out.’ But classifying divorce as some shortcoming is false and unfair. We live in a world where we have options, you have the right to be divorced if you are unhappy.

Read More: Neon Tommy

 

 

Divorce and Tax Considerations

April 15th may have come and gone but as they always say, taxes are forever. This become even more important during divorce proceedings, where everything can seem as though it is influx. It’s crucial to remain prudent at this time. Even minor mistakes in property division can have disastrous implications that can be impossible to reverse down the line.

Here are a couple important things to consider:

THE DIVISION OF MARITAL ASSETS

Often this is the most important and fought over facet of divorce proceedings, especially among those who may have accumulated a bit of wealth. How can we adequately assess who is supposed to get what? Especially if a couple has been together for a long while and are forced to split everything up.  Any property that is obtained during the marriage is legally classified as “marital property.” The was the assets are divided is only different when it comes to the logistics of the divorce.

SEPARATION AGREEMENT AND DIVORCE DECREE

If both parties present their separation agreement to the court and the court issues a decree dissolving the marriage, the court may incorporate the agreement in the divorce decree, usually referred to as a merger.

FULL DISCLOSURE REQUIRED TO DIVIDE MARITAL ASSETS

Be prepared to reveal all necessary information if you are planning to go through a division of property.

 

After the Breakup, They Help Sell the House

The splitting of assets post divorce is an arduous task especially when an asset as large as a house is involved. For the real estate agents who have to deal with  this the process isn’t easy. How do you represent two people who are going through emotional turmoil? A recent New York Times article delves into this issue.

Read More: New York Times

Why An Affair May Not Matter In Your Divorce

In the wake of extra-marital affairs the worst things are said and the worst thoughts are made. It’s an extremely emotional time and rash actions could impact your life going forward. But what is important to remember is that, apart from perhaps being the reason for the divorce, infidelity has no place in the divorce proceedings.

Far too often we forget that divorce is not an emotional process at its core but a decisive legal action. When it comes to splitting property, dividing assets and custody, other factors are much more important.

Still there are some detractors who believe that eliminating the emotional aspect leaves out a crucial part of the proceedings. How can one sit back and watch their life dissipate without letting the court know what the cause was? But remember in no-fault proceedings the morality of a partner goes out the window. It is not illegal to cheat, it may be inherently wrong but it is not illegal. According to the Huffington Post here are some things to look out for when you are unsure whether or not an emotional approach would hinder or aid the process.

1. Extramarital Affair: It isn’t a legally punishable sin in a no-fault divorce. The pain a person endures when discovering his or her spouse has been unfaithful is gut wrenching. However, the court doesn’t have the power to punish a party for his or her moral transgressions. The only thing that may become an issue would be money spent during the affair.

2. Control: This is clear example of a gray area. A common complaint among people getting divorced is that the other spouse was controlling, and the control significantly limited the opportunities available to the non-controlling spouse. For example, a spouse might claim he or she would have either worked outside of the home or taken a different job if the controlling spouse would have allowed it. spouse.

3. Abuse: Whether emotional, physical or both, abuse is a horrendous, but if you live in a state where the court will not consider fault, abuse is not a factor considered by the court when dividing property or awarding support. There may be a legal case on the physical side but in certain no fault cases, it has no place unfortunately.