In a recent post, we discussed New York child support agreements and how the parties to a divorce may be able to agree to the payment and amount of child support rather than have the court make that determination. We also discussed a situation in which the court was likely…
Over the past few weeks, we’ve taken a look at the process of New York divorce mediation, in which parties work together to come up with an agreement regarding many issues that would otherwise be decided by a judge. Last week, we discussed the fact that a New York divorce…
In New York, the parties to a divorce have the option to enter into a mutually acceptable separation agreement if they can agree on the terms of the divorce. For the most part, courts will uphold the terms of valid New York separation agreements. However, the court retains ultimate jurisdiction…
While some New York divorces are long, drawn-out, and contentious affairs, others are much more amicable such as when the parties use divorce mediation as the process. In the latter type of divorce, it is not uncommon for the parties to agree on many of the issues that a court…
Going through a New York divorce can be an extremely difficult time for both spouses. However, it does not have to be. When the parties can agree on some of the fundamental issues, New York divorce mediation is an excellent option to decrease the amount of time, money, and stress…
When a couple gets married in New York, they are legally entering into an “economic partnership.” Thus, absent a clear indication to the contrary, courts assume that the couple agrees on certain default rules regarding the couple’s assets. However, not all relationships are formed on the same set of expectations…
There are many different ways to handle the complexities of a New York divorce. Often, as a divorce attorney that also offers mediation and collaborative law, I receive calls from clients who aren’t sure what kind of process they want to use for their marital issues. In some situations, clients…
It’s impossible for anyone to predict the future with complete accuracy, as the world we live in is often a very unpredictable place. However, we can look back at the lessons that we’ve learned over the years and use what we know in the present to guide predictions about the…
One important thing that we know about divorce mediation in December 2018 is that we can work through the settlement issues with the knowledge of the current laws that are in effect. This includes the effect of the taxability or non-taxability of maintenance (alimony) and child support for separation and…
There are several options when it comes to determining what happens with the marital home in a New York divorce. Of course, the court may award the home to either party and require the party receiving the home to buy out the other spouse. A court may also order the…