Stock Ownership Plans & the Marital Estate

Employment stock ownership plans (ESOPs) and deferred payment plans in the context of divorce presents challenges. If you and your spouse are planning on getting a divorce or have already initiated the process, it is advisable that you seek the assistance of a Syracuse family lawyer in determining how to divide these assets.

Stock Ownership Plans (ESOPs)

A common asset in a divorce proceeding is the ESOP. An ESOP is an employment benefit in which the corporate employer makes contributions of either cash or stock to a trust for its participant employees. The employees are then allocated a pre-determined amount by percentage in direct proportion to the employee participant’s compensation.

When a divorcing spouse is a participant to an ESOP, not only is there a potential community property interest in the ESOP, but if the ESOP pays dividends directly to the participant/party, those dividends can also be income available for support.

YourSyracusefamily lawyer can provide you more details in how to properly address the issue of an ESOP possibly as a marital asset.

Deferred Payment Plans

Another employer benefit that may cause issues during a divorce proceeding is when the employer develops a plan to compensate its employees in the future by providing a fix amount of payments upon retirement. How these payments are to be divided during a divorce requires the assistance of a Syracuse family lawyer.

If you are considering a divorce or have additional questions about dividing ESOPs and deferred payment plans in a divorce, please call to schedule a consultation with experiencedSyracusefamily lawyer Steve Buitron at (315) 422-1080.

Attacking the Validity of a Search Warrant

A search warrant allows the police to search any specified area suspected of containing evidence of illegal activity. Once they find what they are looking for, the police officers will be authorized by the search warrant to seize that evidence. However, not all search warrants are valid, even though it is issued by a judge. Your Syracuse criminal lawyer will look at the details of the warrant that was used to seize your assets to determine whether it was valid.

Two major exceptions that may invalidate a search warrant are warrants issued based on officers’ experience and expectations and warrants that are overbroad. In certain situations, a judge or a magistrate may issue a warrant based on the officer explaining that based on their experience as investigators of similar crimes, they find certain key evidence of the crime in a particular place. However, generally, courts tend not to issue warrants based on this reasoning, especially if the wording is boilerplate.

Your Syracuse criminal lawyer may also fight the validity of the warrant that was used to search and seize your belongings based on the fact that the warrant was overbroad. In order for a warrant to be valid, it must be specific with regards to the crime to which the element relates. In other words, the warrant must demonstrate that there is probable cause that the evidence being seized is connected to the crime that was committed. If the warrant fails to prove probable cause that the evidence is linked to the crime, your Syracuse criminal lawyer will successfully make a motion requesting the judge to suppress all evidence seized in relation to this warrant.

For a free consultation with a Syracuse criminal lawyer regarding the validity of a search warrant, please contact the law office of Steven Buitron at (315) 422-1080.

Divorce Management: Physical and Emotion Assets

In life, the decisions that we make a certain time within our lives undoubtedly impact what happens to our future selves and what we can plan on encountering. When we meet a spouse, we tend to stick with all the positive attributes that they bring to the table rather than looking at the spectrum as a whole and evaluating everything that is being brought from that individual. However, one thing that can pinpoint everything within an individual is a divorce.

A divorce can bring not only aspects that were pushed aside about an individual forward, but also other, more serious tones within a person. No one wants to deal with a divorce, but inevitably as the phrase goes “you reek what you sew”. People usually do not fall in love, plan a wedding, and get married thinking about all the options, or pathways the marriage could go. Divorce is something that has now plagued over half of married Americans, which is always on the steady rise.

Recently, studies have shown that those going through a divorce, before or after, should seek help with all these issues with a therapist, or someone simply just to talk about it all versus keeping it bottled up inside. Yes, you could always talk to a friend, or loved one, but a therapist is there to help clearly identify the issues at hand step by step. Also, therapist should not have a strong, biased opinion like some others you could easily talk to.

If emotional issues are not taken care of properly they can easily influence your physical self as well. Studies have shown that those going through a divorce who does not let the stress, or emotions of the divorce out not only are easily susceptible to depression, but also have a higher suicide rate. Even more so, mental illnesses can also easily be diagnosed to a person who does not properly handle the emotional aspect of a divorce, which can then lead to multiple medications needed simply to go through day-to-day life.

If you or a loved one is either going through a divorce, or would like more information about your divorce options in New York, do not hesitate to contact the Law Office of Steven C. Buitron. When you are going through a divorce, you do not need to worry about the experience, or commitment of your lawyer. Our lawyers are dedicated to help you fight for the justice you seek when dealing you your divorce. In order to schedule a free initial consultation, e-mail us or call us toll-free at (315) 422-1080. Our office is open on weekdays from 8 a.m. until 5 p.m. and we are available on nights and weekends by appointment. We also do jail visits. We accept Visa, MasterCard, Discover, and American Express.

Does It Help to Hire a Divorce Attorney?

The thought of the horror stories of divorce should be enough to scare you. If you are affected by a divorce searching for an experienced divorce attorney should begin immediately. Divorce is a time of indescribable stress and confusion. Legal counsel can answer the many questions you have racing through your mind. What will you do? Who keeps the house and the children? How will you pay for it all? Experienced attorney that frequently address the issue of divorce in and out of court will provide you with much needed insight to the situation. Knowing the cans and can not’s, the in’s and out’s of a divorce and a courtroom is a much needed relief to a nervous client. The expertise an attorney brings to the table can help get you what you deserve and are entitled to in a divorce.

A time of family adversity is a trying time and you must retain a divorce attorney that you are comfortable with, can be honest with and one that will be honest with the client. Personal knowledge of the clients is most helpful to the attorney fighting implement the best plan for the individual client. Compassion and understanding make handling the divorce issues easier to bear. Attempting to go through a divorce without the guidance of trained legal professionals would bring more unnecessary stress to the situation at hand.

Attorneys with knowledge of the divorce laws for New York are able to use their experience to obtain the best solution to your divorce. They are trained to negotiate for you. Knowledge of the system allows them to know when and where to bend and when to stand firm and not waiver. Legal that has your best interest at heart will remain in good terms with Judges and courtroom officials. Choosing the best attorney for your unique situation will be one of the smartest decisions made throughout the entire course of the divorce.

Steve Buitron will give you the advantage you need to get all you deserve. At the Law Office of Steven C. Buitron, we represent people in family law disputes pertaining to divorce, custody, child support, spousal support and paternity. We provide legal assistance anywhere in the Upstate New York area. Experienced, caring personal representation is readily available. To schedule a free initial consultation, e-mail us or call us (315) 422-1080. Our office is open on weekdays from 8 a.m. until 5 p.m. and we are available on nights and weekends by appointment. We also do jail visits. We have a clear understanding of the law and will provide stability and security to our clients.

Order of Protection: What and Why?

At the beginning of any new relationship most individuals are happy, and positive about the outlook for the relationships length and impact it will have on their life. As time changes, so does the relationship itself in many forms. From dating to marriage many aspects can change entirely. Especially, when children are brought into the mix. Divorce is a topic that many are familiar with: the good, the bad, and the ugly. However, what happens when one spouse literally fears their lives due to their husband? What should you do for your protection now and later?

Many lawyers and judges alike are telling those women who fear that their husband to get an order of protection will harm them. An order of protection is basically what it says in it’s title, it is a law order in which a spouse, or former spouse cannot participate in some forms of communication with their wives. Yet, which one is right for which situation?

There are actually three different types of order of protections. The first one is a “stay away” order in which the husband is not permitted to get within a certain amount of feet of their wife, but can still make contact with them. The next is a “no contact” order, which not only does not allow a husband to see the wife, but also cannot have any form of communication with the wife such as text messaging, emails, or phone calls. The final act is known as “illegal contact”, which basically states that an illegal activity a husband submits the wife to will not only be charged, but at its highest degree.

To get an order of protection, a wife must show evidence that a family offense was done that endangered, or threatened her, or the family in any way. Although women usually file order of protections, men are equally able to do so as well with the same requirement.

Overall, divorce should be dealt with calmly and normally not by threatening or foul play. When you are going through a divorce you need a legal team and lawyer that you can not only count on, but also can trust through and through.

If you or a loved one is either going through a divorce, or would like more information about your divorce options in New York, do not hesitate to contact the Law Office of Steven C. Buitron. When you are going through a divorce, you do not need to worry about the experience, or commitment of your lawyer. Our lawyers are dedicated to help you fight for the justice you seek when dealing you your divorce. In order to schedule a free initial consultation, e-mail us or call us toll-free at (315) 422-1080. Our office is open on weekdays from 8 a.m. until 5 p.m. and we are available on nights and weekends by appointment. We also do jail visits. We accept Visa, MasterCard, Discover, and American Express.

What Is A Divorce?

Everyday we face many challenges and aspects of life. Whether it be winning the lottery, or scraping your knee a person can see both sides of the positive and the negative. When people have relationships they do the same. They have their good days, and their bad days. When taking your wedding vows your promise to have and hold as long as you both shall live. Of course people in the past century and those before have taken that phrase very seriously. Yet, today many people are turning to divorce.

What is a divorce you might ask? Some people will automatically think that a divorce is the result of arguing, or having differences with the former spouse. However, that is not the true definition of what a divorce is. Divorce is defined as being a legal separation of spouses by the court of law, in which assets are split as agreed by both parties. Homes, cars, finances, and children are the hot topics when lawyers and their staff mediate a divorce.

As previously stated many think of divorce as an option, not as a last resort. Some marriages involve one spouse participating in drug use, or domestic violence, which could easily affect the other spouse as well as any children within the home. Infidelity is also recognized as a reason for divorce. Studies show that men are more likely to commit infidelity, but the number of women is rising greatly.

With all these possibilities it surly as many thinking of why would a person even want to get married. Marriage is the act of legal pronouncing a couple’s love and binding their lives together physically and emotionally. Although many married couples do not always serve as great examples some are truly out there.

Divorce is a sticky situation itself during the overall process, but also before and after. A reliable legal team, and lawyer should be carefully chosen to help the spouse fight for their rights, and their lives back.

If you or a loved one is either going through a divorce, or would like more information about your divorce options in New York, do not hesitate to contact the Law Office of Steven C. Buitron. When you are going through a divorce, you do not need to worry about the experience, or commitment of your lawyer. Our lawyers are dedicated to help you fight for the justice you seek when dealing you your divorce. In order to schedule a free initial consultation, e-mail us or call us toll-free at (315) 422-1080. Our office is open on weekdays from 8 a.m. until 5 p.m. and we are available on nights and weekends by appointment. We also do jail visits. We accept Visa, MasterCard, Discover, and American Express.

Public or Private? New York Family Court Rooms

Through the years of the United States we can see the historical changes in textbooks all across classrooms throughout the country. We learn of wars that this country has been built on, strong acts of individual nationalism and compassion, and especially the laws in which this country is lain upon. The laws within the country impact us in various ways, shapes, and forms and ultimately impact what we choose to do and the punishment that is enacted upon those who break them. However, are laws really being followed through and through?

We change laws over time in accordance with what a present society needs within a country such as texting and driving laws, abortion laws, and the legality of drugs. However, some laws do not get changed such as a past law that states that a horse can not be tied up on Main Street during the church hour in some cities, or trading of agriculture and materials for other materials that still exists in some states law stature. However, we expect our laws either way to be followed through especially if we are the ones not breaking them everyday.

The law of family court states that the proceedings are suppose to public and able to be sat through by all. However, why are there stop signs at the doors? Why are the doors locked that lead into the courtrooms during these proceedings? Guards are even put at doorways to confront those challenging the authority of those attempting to enter. The law clearly states that these courtrooms are suppose to be public, and that anyone can enter. Yet, why are individuals who only have “official business” allowed to enter?

Although the law is not being followed properly who would really want to sit through someone’s personal family case that many emotions, and life long decisions can be laid on the line that depends on past actions, and present judge decisions. Either way if a law is made it’s expected to be followed from start to finish. Whether or not it’s stealing, abuse, or entering a courtroom the stature should be examined and followed from the first to last word.

If you or a loved one is either going through a divorce, or would like more information about your divorce options in New York, do not hesitate to contact the Law Office of Steven C. Buitron. When you are going through a divorce, you do not need to worry about the experience, or commitment of your lawyer. Our lawyers are dedicated to help you fight for the justice you seek when dealing you your divorce. In order to schedule a free initial consultation, e-mail us or call us toll-free at (315) 422-1080. Our office is open on weekdays from 8 a.m. until 5 p.m. and we are available on nights and weekends by appointment. We also do jail visits. We accept Visa, MasterCard, Discover, and American Express.

Same-Sex, Same Issues

From the time that we are children the world around us vastly changes from things that are positive such as technological advances, to those that are negative like warfare, and economic depressions. However, through each experience one can only assume that we take away new ideas that will apply to those future experiences one can expect to encounter. Socially, the United States has grown in the past half century especially with that of homosexuality, and same-sex couples. From opinions of good, bad, and people just in the middle of the whole thing the country has drastically changed.

In the past homosexuality was viewed as intolerable, and just something that no one spoke of, but today it is an active part of society and politics. Today, same-sex marriages are allowed in some states, but are still not legal in most. However, the marriage, or partnership either way is similar to that of a heterosexual couple being married the good years, the bad years, and the just plain ugly years. Divorce is also actively planted in that of same-sex couples marriage. Although it might be a little different than that of a traditional couples divorce the basic same principals and affects are still active.

When a same-sex couple begins their marriage, or partnership it is highly advised that a pre-nuptial agreement is signed so that assets are divisible by what was prior to the relationship. Also a healthcare proxy should be prepared properly for all members within the family unit. If children have been the product of a prior marriage, or relationship the couple should consider adopting the child of the prior relationship in order to make a “legal” parent apparent. Finally, a will, or estate plan should be drafted cohesively in order for the assets be set aside in the event the death of one member of the relationship dies.

Same-sex or heterosexual, both are the same when it deals with divorce in this day and age. No matter what sexual orientation steps should be taken successfully in order to ensure that in the event of a divorce, or not assets are divided properly, fairly, and justly.

If you or a loved one is either going through a divorce, or would like more information about your divorce options in New York, do not hesitate to contact the Law Office of Steven C. Buitron. When you are going through a divorce, you do not need to worry about the experience, or commitment of your lawyer. Our lawyers are dedicated to help you fight for the justice you seek when dealing you your divorce. In order to schedule a free initial consultation, e-mail us or call us toll-free at (315) 422-1080. Our office is open on weekdays from 8 a.m. until 5 p.m. and we are available on nights and weekends by appointment. We also do jail visits. We accept Visa, MasterCard, Discover, and American Express.

DWI Portable Breathalyzer Results In Court

In this day and age our society has become more and more dependent on technology and its ability to form and structure itself around the needs of what we need even at a moments notice. Today, we have the cellphone, computer, even iPods that have become very active parts of our lives and roles in what we do each and every day. Without technology today we would not have many things that deal with not only our personal security, but also that of our friends, family and loved ones. However, technology does not always work out to be the best for some people.

Recently, a case in New York dealt with an individual who was facing charges in court for being intoxicated while being behind the wheel of a motor vehicle also known as a DWI, or DUI. The facts state that the man was asked to submit to a breathalyzer test in order to solidify whether or not the man was under the influence of alcohol by giving a blood alcohol content reading, or BAC.

The man had a BAC of .09, which is a hundredth of a point over the legal limit for the state of New York, which is set at .08 like most states. However, the man claimed in court that the case should be dismissed due to a portable breathalyzer being used versus a stationary breathalyzer that is located actually within law enforcement offices. He claimed that the reliability of the portable breathalyzer was less than that of a stationary and simply could not be trusted.

Although many studies have shown the inaccuracy that some breathalyzer devices have the judge did not see eye to eye with the man, and stated that his claim of the results dealing with the device being portable did not defeat the fact the man was under the influence of alcohol while being behind the wheel of a vehicle.

One thing that alcohol doesn’t mix with is driving, and it is best to never drink and drive and always rely on a designated driver, or taxi vehicle.

When dealing with a criminal charge, or instance do not hesitate to contact the Law Office of Steven C. Buitron. When you are going through a criminal charge, you do not need to worry about the experience, or commitment of your lawyer. Our lawyers are dedicated to help you fight for the justice you seek when dealing you your circumstances at the time. In order to schedule a free initial consultation, e-mail us or call us toll-free at (315) 422-1080. Our office is open on weekdays from 8 a.m. until 5 p.m. and we are available on nights and weekends by appointment. We also do jail visits. We accept Visa, MasterCard, Discover, and American Express.

3 Huge Divorce No’s

Divorce is a huge aspect of American culture today. Years ago no one would have ever dreamed about divorce while the “American Dream” days were in motion. However, divorce can now be seen, felt, and gone through by many Americans today. Now, studies have shown that about 1 in 3 Americans are likely to not only be divorced from one marriage at one point or another, but also likely to get remarried and then face the possibility of yet another divorce. Yet, when you do go through a divorce you need all the help you can get.

People make mistakes it is just a fact of life. However, when you’re going through a divorce you have to make sure that those mistakes are minimized in order for you to win your assets and your overall peace of mind. One common mistake that people usually make is that they forget to change all their passwords on email addresses, social networking websites, and even old cellphones. Former spouses can easily access sensitive information that may make or break your case instantly. Also, a lot of individuals today are known to have financial information on such devices, which can heavily impact what your former spouse could be after.

Another mishap that people tend to make when going through a divorce is that they tend to make everything an emotional issue rather than a rational issue. Yes, a divorce is a rough time on anyone’s life, but it is important to realize it is the end of one chapter and the beginning of the next. However, you do not want what has happened in the past to impact your future so make sure to always think in the aspect of an outside person looking in and take advice to heart from your legal consul.

Finally, with emotions already running high an individual can easily frustrate judges, which is highly advised not to do. Make sure to always be on time for scheduled court proceedings, and make reasonable requests in the interest for all parties involved in the divorce.

If you or a loved one is either going through a divorce, or would like more information about your divorce options in New York, do not hesitate to contact the Law Office of Steven C. Buitron. When you are going through a divorce, you do not need to worry about the experience, or commitment of your lawyer. Our lawyers are dedicated to help you fight for the justice you seek when dealing you your divorce. In order to schedule a free initial consultation, e-mail us or call us toll-free at (315) 422-1080. Our office is open on weekdays from 8 a.m. until 5 p.m. and we are available on nights and weekends by appointment. We also do jail visits. We accept Visa, MasterCard, Discover, and American Express.