Decisions to be made on Custody and Parenting Time Over the years, I have handled a number of cases associated with custody and parenting time (or visitation), particularly throughout Nassau County, Suffolk County, Queens, New York City and nearby areas. In my experience, I have found that often, the process…
Articles Posted in Mediation
Why Divorce Mediation? or My Observations as a Litigator and Mediator.
I wear different hats now in my career since I am a litigator, certified mediator, certified collaborative law attorney and a lawyer negotiator. This blog entry will focus on divorce mediation v. divorce litigation as I do both. Overall, my belief is that the couples that I have worked with…
What Tax Considerations Arise in a Divorce?
Let me start this blog by stating that this blog entry is not to be considered tax advice. Everyone is advised to seek the advice of an appropriate tax professional, such as a CPA, regarding tax questions. This blog, however, is intended to identify some issues and language to be…
What is the New Temporary Maintenance (Alimony) Law?
The old law in New York for temporary or pendente lite (Latin for while the case is pending) maintenance, prior to the 2010 revisions, was that temporary maintenance was supposed to “tide over” the spouse with less income (the “non-monied” spouse) while the divorce case was ongoing. There was no…
More Divorces in the New Year and other Divorce Beliefs
Do divorce filings increase in the New Year? As a family law attorney, I see a general decrease in actual court appearances and new case filings during the latter half of December, but at the same time there are a lot of inquiries and planning for actions that people intend…
Why am I a matrimonial, family law lawyer and divorce mediator?
My mission is to help the wronged, unhappy or injured get what is fair and right. This is the initial draft of my “Why” as I discovered yesterday when doing an exercise at the annual training of the New York Association of Collaborative Professionals. The “Why” can be tweaked and…
When Does Equitable Distribution Mean Equal or Unequal in New York Divorces?
Marital assets, and debt, in New York generally are things that are acquired during the marriage that does not fall under the exception of separate property. Separate property, in general are things that a spouse entered the marriage with that was kept separate throughout the marriage. Property acquired by gifts…
Why would divorcing couples switch from litigation to mediation or collaborative law?
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…
What documents are needed to complete a New York divorce uncontested or contested?
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…
What are Divorce Mediators Standards of Conduct?
I am a big fan of alternative dispute resolution such as mediation and collaborative law. Lawyers in New York are guided by the Code of Professional Responsibility. When I am in my role as a mediator, however, I am not acting as a lawyer at that time. Although I am…