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Articles Posted in Divorce

Going through a divorce is a difficult process at the best of times, but it can become particularly complicated when Parents-Walk-300x200there are children to consider. When arranging your litigation strategy with a divorce attorney, you’ll need to think about things like who should be paying for child maintenance. There are also concerns to address about what sort of visitation and parenting rights need to be implemented for the best interests of the child.

Our bullet point guides have been on hold for a while. However, the issues surrounding litigation for children will be particularly important now that we are beginning to return to work from the offices and courts are allowed to accept new filings for divorces in the New York Supreme Courts or child custody and parenting time issues in family court (they were not deemed essential during the New York on pause order) after COVID-19. If the court deemed any single matter “essential” then children litigation issues could be heard prior to the reopening for which we are in Phase 3 now on Long Island at the time I am writing this blog.

In today’s bullet point guide, we’ll be focusing exclusively on some of the issues that may need to be addressed during divorce litigation when children are involved. Continue reading ›

At the time of writing (mid-June 2020), Long Island just entered the second phase of the “reopening” strategy, following the COVID-19 pandemic. The second phase began on the 10th of June 2020, soon after New York City entered phase 1 on June 8th, 2020.

Professional services and law firms, like mine, are now part of the business that are able to return to the office during phase 2. According to the executive orders of New York State, we can start meeting with people again at the office, if phone or video consultations are not selected by the client or potential clients. Throughout the pandemic, my services have still been available with clients and potential clients. However, many of my conversations have taken place over Zoom or phone calls. As we enter phase 2, though we are able to speak to clients in the office, safety protocols will be in place.

We will be adhering to social distancing requirements and wearing masks for safety. Additionally, we will adhere to safety and sanitization practices as required. For those of you who would prefer to maintain remote conversations at this time, we still offer phone, email, mail, Zoom, and other services. We have been doing litigation and negotiation consultations about divorce and family law issues or divorce mediations by phone and Zoom with couples during the pandemic as well as for pre-nuptial, post-nuptial, divorces, and separation agreements. We plan on continuing these services going forward. Continue reading ›

Video-Call-300x200Even in challenging times, when the courts aren’t operating as normal, our lives continue to progress, with various unique concerns to consider. Throughout New York and Long Island today, there are many people struggling with things like child custody concerns and making decisions about parenting rights. Unfortunately, at the time of the writing of this blog during the coronavirus pandemic, since the courts are closed for new filings right now (except for cases deemed essential and emergency matters), it can feel as though you’re stuck in limbo, unable to make progress.

The good news is that people in search of new solutions for the best interests of both themselves and their children can still get help using a family law and divorce mediator like myself. Mediation has always been a useful mode of alternative dispute resolution for couples who prefer to maintain an amicable relationship with the other parent to their child or spouse in a divorce. However, mediation also has other benefits. For instance, for unmarried couples, it can be a useful way to discuss issues that need to be addressed when ending a serious relationship, particularly for couples with children. For married partners, mediation can also offer a more reasonably priced and quicker way to get the courts to approve an order that’s suitable for both you and your partner, without exposing yourselves to litigation. Continue reading ›

Phone-call-300x216Currently, as I’m writing this blog, the Darren Shapiro Law and Mediation Office is still doing business, albeit since the governor ordered 100% of the workforce must work from home, I am working from home by phone, email, skype, zoom, and whatever works. Even before the order, we were taking as many steps as we can to protect our clients, and the people who come to us for help. This means not only ensuring that we follow all precautions for health and safety, but also supporting everyone adhering to social distancing guidelines.

Since it seems, for now, people need to avoid meeting your divorce attorney or mediator in person, but you still have options. For new clients, we have always, and will continue to provide initial consultations, with up to the first half hour free, that are available either over the phone, skype, zoom, or other digital means. If you want to discuss your case, you can connect with me over the phone, via email, or schedule an appointment for a video conference, we will make different arrangements work.

Dealing with Mediation and Litigation

Currently, divorce mediation can still be done via phone or video. We can initiate Skype videoconferencing, Zoom, audioconferencing, or possibly other sessions for people since we will not be able to attend a mediation session in person. This option has been used in the past by our office for those who were unable to attend meetings due to distance, work or travel commitments. Payments can also be collected via email, text, or over the phone. We can use encryption in emails to protect your personal data. Continue reading ›

Finger-Pointing-300x200There are a lot of complicated components in family law that need to be addressed when a divorce takes place. That’s one of the reasons why I’m creating this bullet point guide, to help people find the answers to the questions that are most important to them.

In today’s guide, we’re going to be looking at the guidelines in place for things like health insurance and medical expenses when dealing with divorce.

 

Ongoing Health Insurance Benefits in Divorce

In most cases under New York Domestic Relations law, the courts will consider any assets accumulated during a marriage as “marital property”. However, this can leave a lot of things open to speculation. For instance, a question that often arises is how your divorce lawyer can ask a court to address pension and healthcare benefits in a divorce.

  • Typically, pension benefits can be subject to equitable distribution in a divorce. The pension benefits that a party accrues when married can be seen as a marital asset. However, the portion of benefits of obtained before the marriage and after the filing date of the divorce action isn’t considered an asset of the marriage. Pension plans, however, often contain more than just provisions for future financial compensation. These plans often provide for continued health insurance too.
  • While courts consider pension plans in equitable distribution, that’s not always the case for health insurance coverage. Courts issued an opinion a few years ago that a husband/s pension plan of lifetime healthcare coverage wasn’t a marital asset, and that it shouldn’t be split between the husband and wife. The court also noted that the wife wouldn’t totally lose out in this matter, because “loss of insurance benefits” would be considered in the equitable distribution analysis of other assets.  Keep in mind also, as part of the Automatic Orders involved with a litigated divorce, health and other insurance benefits that were in place before the filing date of the divorce must continue while the divorce is ongoing unless an agreement or court order is made to the contrary.

Continue reading ›

Arms-Crossed-200x300Welcome back to our bullet point series addressing some of the biggest issues that people face with divorce litigation. If you’ve ever considered a divorce before, or you know someone who has been through the process, you probably have some questions about how everything works. This bullet point guide is designed to give you a better insight into what you can expect.

In this part of the series, we’re going to be looking at things like the costs incurred in a Queens, Nassau or Suffolk County, New York divorce, and the different options available to suit your budget. We’ll also address agreements and strategies that can speed up your divorce, and how money can come into the discussion when you’re planning your divorce.

The Costs of a Divorce in New York

One of the biggest concerns that clients have when it comes to figuring out how to plan their divorce, is how much everything is going to cost. Beyond your divorce attorney fees, filing for divorce isn’t free. The court filing fees are approximately $370.00. At the same time, there are expenses like marital debts to think about too. So, how much is everything going to cost? Continue reading ›

Welcome back to our second set of bullet points for the divorce and litigation series guide. If you read my previousHurt-Couple-300x204 blog, you’ll already know that I’m using this several-stage guide as a way to provide quick and useful information about divorce litigation to anyone who might be considering starting their own case. These guides will act as a source of quick-fire knowledge when you have questions that you need to answer as quickly as possible.

In this part of the series, we’ll be looking at relocation clauses and how they work when it comes to child custody agreements made in litigation. I’ll also touch on the concept of separation agreements, and when they’re helpful in a divorce case.

Relocation Causes Agreed To in Divorce Litigation

Family law is made up of many complicated areas, from maintenance, to equitable distribution. However, there are few aspects more stressful for most families than deciding on divorce with custody and visitation times. Continue reading ›

If you’ve been staying tuned with my blog recently, then you’ll know that I’ve been creating a list of blogs highlighting Colleagueslaptop-300x200key points in divorce mediation. These guides are designed to give you easy access to important information about mediation in a bite-sized package. Now, I’m going to be looking at more traditional divorce representation, that in which the lawyer is representing a client as their advocate, in a similar fashion, highlighting key points for you in an easy-to-read format.

This is the first of what is likely to be a number of lists about divorce litigation, and it will be looking distributing debts and assets, the concept of filing for divorce, maintenance, child custody, child support and more.

Divorce and the Latest Distribution Laws

One of the major issues that couples need to address when getting divorced, is how they’re going to handle the distribution of assets. This includes dividing not just important assets like belongings and the family home, but also deciding who should be responsible for debts after the marriage is over. Continue reading ›

This blog is the conclusion of my six part bullet point series summarizing my divorce mediation blogs over the years.WhiteTableContract-300x200

Mature couples going through divorce, sometimes referred to as gray or mature divorces often have a different perspective than younger couples. Mediation is a good option for these couples as well, though, some will still opt to litigate. After all, it takes two people willing to sit down and negotiate to be able to engage in alternative dispute resolution. Having an expeditious process, which mediation is the most likely to be, is often a top priority for older divorcees. Having a fair settlement that allows each side to meet their needs going forward is of utmost importance. Like for everyone, these couples are advised of the importance of using review attorneys and speaking with financial and tax professionals to ensure that they will be able to take care of themselves, in the right manner, after the couple separates and divorces. The mediation can focus on budgets and how it is that the transition from one household to two can be accomplished so that everyone is able to move on with the next chapters of their lives. How to handle distribution of retirement assets like IRAs, 401ks, and pensions is particularly important to focus on in divorce mediation for older individuals. What to do with the house, marital debt and perhaps child custody (if there are children under 18), and child support (which the default law in New York is that it lasts until 21 years of age) all are topics that might still apply. Everything needs to be explored.

Notably, social security benefits are not something that can be distributed in divorces. Rather, each person’s entitlement to social security benefits is determined by the federal Social Security laws. But social security benefits might be something that does get discussed in mediation. The benefits are income to the recipients and can be important in determining the proper amount of maintenance or support to be paid from one party to the other and for how long it should last. Likewise, someone’s entitlement to Medicare is something of a matter covered by federal law. This might be worth discussing in order to figure out how long one spouse needs to stay on the health insurance plan of the other. Often a separation agreement might be an option to stay on the spouse’s plan for a period until Medicare would kick in. Divorce is an event that in all or most instances prevents someone from staying on the health insurance plan of the ex-spouse. When Social Security or Medicare kicks in is something that parties can discuss with their divorce mediators in order to figure out how long maintenance should last. Continue reading ›

Couchcouple-300x200This blog is a continuation of my bullet point series on divorce mediation that summarizes my past mediation blogs –

Maintenance, also know as alimony, can be discussed with your divorce mediator.  How much money, if any, and for how long one spouse should pay the other maintenance needs to be discussed.  Some couples each feel that they are capable of making enough money to be able to support themselves.  In those cases, waivers of maintenance by each spouse is possible.  Other times there is a feeling that one side of the relationship needs money over a period of time in order to be able to get back on their feet.  If there is not an agreement about maintenance couples can be reminded that there are guidelines in the law, based on income, and the length of the marriage for how much and how long maintenance presumably should last.  But they are just guidelines.  Sometimes, if the couple wants to hear about the guidelines it might be a useful discussion to have regarding the topic of maintenance.  In mediation, though, we are not bound to the statutory guidelines.  The focus of the conversation could be about budgets and how much each side of the table needs in order to transition into their new lives and meet their monthly expenses.

Likewise, if there are minor children (under 21 for child support purposes), the payment of child support needs to be discussed.  This topic too can center around budgets and how is everyone going to meet their monthly expenses and take care of the children.  While couples are not bound by the statutory guidelines for child support, every agreement in child support, even if it deviates from the guideline amount of child support, must spell out what the statutory guidelines are in order for the agreement to be binding.  Therefore, when I draft the settlement agreement the child support section will spell out the guideline amount of child support.  Sometimes we might discuss the guideline numbers in the mediation sessions, but the parties will definitively know the guideline numbers before the agreement is signed.  We can discuss and spell out legally recognized reasons for deviating from the guidelines in our mediations and mediated agreements. Continue reading ›

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