The May 16, 2019 article of Dan M. Clark in the New York Law Journal outlined presumptive divorce mediation, which was initiated this fall, as a system that the state courts in New York must now have in place to encourage that civil litigation be resolved via mediation, rather than…
Long Island Family Law and Mediation Blog
When Will Courts Rule a Name Change is in the Best Interests of the Child?
Changing your name in New York or Long Island isn’t always a complicated process. If you are a legal adult, then you have the right to change your name without a court order, provided that the legal name is not misleading. In other words if it will not perpetuate a…
Name Changes and Privacy – What You Need to Know
If you’re an adult, you have the freedom to choose the name that you want to go by for yourself. You can even legally change that name according to the law if you choose to do so under most circumstances. As the parent of a child, you also have certain…
Divorce Mediation Through Skype, Video or Conference Call: Is it an Option?
For residents of Long Island and New York, I have long offered divorce mediation as an alternative form of dispute resolution. While I do litigation and traditional settlement negotiations for divorce too, divorce mediation is an opportunity for divorcing or separating parties to come together and negotiate the terms that…
Should I Meditate Before I Litigate or Mediate My Divorce?
Dealing with a divorce is always an emotional and tiring process – no matter whether your relationship ends amicably or otherwise. Sometimes, the best way to keep issues to a minimum is to choose a form of conflict resolution that requires as little input from the courts as possible. With…
How Do I Argue For or Against Debt Distribution In My Divorce?
Assets aren’t the only thing that may need to be distributed between two parties when a divorce takes place. Some couples need to think about distributing their debts too – particularly when there is a dispute about whether the couple agreed to take on those financial commitments together or not.…
Divorce Mediation Caucusing Techniques and Ground Rules
In my last two blog posts, I’ve discussed the considerations that take place when a divorcing by mediation couple is wondering whether or not to engage in divorce mediation by caucus. For some people, caucusing is an excellent way to keep emotions under control and support the successful outcome of…
Reason Not to Caucus With Your Divorce Mediators
Mediation represents an excellent opportunity for parties in a divorce to settle their issues using negotiation, rather than litigation in front of the family or supreme courts. In the right circumstances, working with a divorce mediator such as myself could also mean that you get to maintain more control over…
Reasons to do Divorce Mediation With a Caucus
The concept of caucus in mediation was originally designed to provide parties in a mediation dispute with some time to move away from joint sessions and discuss concepts with an advisor or divorce mediator on their own. These separate sessions weren’t intended to give the parties more support or an…
Can Family Court Deal With Spousal Support or Child Support When a Divorce is Also Filed?
In Nassau County and Suffolk County, as well as the surrounding areas of Long Island and New York, the law generally allows for concurrent jurisdiction in either the Supreme or Family court to tackle issues of spousal or child support for married couples not living together. For a married couple…