Brian McFadden-DiNicola Wins Trial for His Client02.21.2012
After a four day bench trial in Middlesex County Superior Court, Family Part, Brian McFadden-DiNicola, an attorney in the Family Law Department, received a win in favor of his client in a divorce matter heavily revolving around equitable distribution of dissipated assets. His client (Wife) was awarded over $225,000 for assets that her ex-husband had transferred to bank accounts in India throughout their marriage to deprive Wife of her interest in the marital estate. Of important note in this case, often times awards of this nature are hard to obtain because of the difficulty in satisfying the Court that the assets exist and that they were moved overseas to deprive a spouse of their fair share of the assets. However, Brian was able to locate records of transfers therefore proving the existence of the assets acquired during the marriage and successfully argued that the suspicious timing of the transfers was sufficient to bring the assets within the Court’s reach for equitable distribution purposes.