For some litigation works, but many find litigation to be a frustrating process. Litigation can be a time consuming, expensive, emotionally draining process that is hard on any children of the family. Some cases settle relatively quickly after one, two or a few court appearances. Others find though, after being…
Whether a case is settled before it is filed, after some litigation, or a Judge decided it, at the conclusion of the case a number of documents must be prepared, signed and filed with the court in order for the divorce to be finalized. These same documents are required throughout…
The Long Island contingent of the New York Association of Collaborative Law Professionals has been making a push to start implementing streamlined protocols in order to further save time and expenses to divorcing couples that have chosen to work collaboratively. Collaborative law is an alternative to litigation, but unlike mediation,…
An uncontested divorce means that every possible issue necessary to settle the divorce is agreed upon. There are different processes available to settle all the issues. Kitchen table discussions between couples is always available, divorce mediation, collaborative law, four way meetings with counsel and clients, and attorney negotiations are some…
If your spouse refuses to go to divorce mediation or collaborative law, then the question is already answered since mediation and collaborative law are both voluntary processes. You still can get a divorce, but the process will be under the traditional adversarial litigation model. Some cases under the traditional approach…
The law in New York for the division of marital assets in a divorce is equitable distribution. Equitable distribution does not necessarily mean equal, although that is usually the starting point, it means what is fair. The job of your New York City, Long Island or Nassau County Divorce Lawyer…
In New York, in 2011 the legislature passed the Marriage Equality Act. This law gives same sex couples the right to get married in New York State. Under the law, out of state marriages for same sex couples are to be recognized in New York. Prior to the passage of the…
Divorce mediation, collaborative divorces and settlements in divorce litigations on Long Island, New York City and the rest of New York operate in the shadow of the law. What this means is that the law exists in the background but does not have to control the resolution of that particular…
Separation agreements or stipulations of settlement that come from divorce mediations or a collaborative divorce case are structured the same as a stipulation of settlement that emanates from a divorce litigation that was eventually settled. The differences between the three methods are in the process by which the agreements are…
Collaborative law is a process where couples, and their lawyers, agree to settle their differences without the courts or threatening to litigate. This is accomplished by everyone signing an agreement to work together in a cooperative or collaborative fashion, to iron out all the details that need to be settled…