Articles Posted in Mediation

When parents are divorced, they have several concerns they need to think about when it comes to maintaining thebest interests of a child. For instance, they may need to make a decision about parenting time, custody, and visitation, or whether one of the parties should be asked to pay child support to help ensure that the child in question can continue to live a comfortable life after a marriage comes to an end. Importantly, however, it’s worth noting that decisions about child support don’t have to be limited to the discussion that occurs during a divorce.

When I am acting as a mediator it is usually for married divorcing couples.  In that instance I usually find that my clients are most likely to address the concept of child support during mediation and they will make an agreement that eventually will become part of their divorce. However, non-married couples can also come to me to discuss child support through mediation. Continue reading

When it comes to addressing difficult topics during a divorce or family law matter, there are options available that allow for asolution beyond litigation. When it comes to parenting time, visitation, and custody arrangements, many parents prefer to use a method of alternative dispute resolution known as mediation. With mediation, it’s possible to come to terms about the future of a child, or children, without leaving decisions entirely in the hands of the court. Additionally, because mediation is naturally less combative than litigation in most cases, it can allow for some semblance of a relationship to be preserved between the parents in a case.

Though I work as a divorce attorney and child custody lawyer for my clients here in New York and Long Island, I can also offer them alternative options for dispute resolution in the form of mediation and collaborative law. When my clients choose to engage in mediation, the first thing I like to tell them is that there aren’t necessarily any hard and fast rules about how mediations need to proceed. Instead, each mediation session is adjusted according to the needs of the couples, individuals, and families in question. Subsequently, the dynamics of the mediation will also be unique. Often, I’ll start by asking whether the couple have already discussed the issue of parenting time and custody, and whether they have any ideas on how an agreement should look. Continue reading

After taking the time to in my last blog series to discuss the ins and outs of divorce litigation, I hope to share more ofmy experience in the world of family law by turning to some blogs about mediation, my favorite method of dispute resolution. Most of my mediated cases involve divorce, however, it’s also possible to use mediation as a solution for coming to agreements that do not including divorce as well. For instance, mediation can be particularly useful for people who want to address family law issues like child custody and parenting times without discussing divorce. Mediation can also be used for couples that want to be legally separated, or make pre-nuptial or post-nuptial agreements.

The principles that are addressed when mediating parenting time and custody within a divorce, and outside of a divorce are often the same. However, the mechanism that turns the agreements made within mediation into binding orders can be very different for unmarried couples. Usually, it’s expected that the Supreme Court will incorporate a Stipulation of Settlement for a divorce or Separation Agreement into the Judgment without the need to see parties in court.  My engagement with the couple will provide that after the settlement agreement is signed I can draft and submit the uncontested papers to the court for them.  For the purposes of bringing the papers through the court system my name will go down as attorney for the plaintiff, but it is understood that I am neutral between the couple.  The reason I can be listed as the attorney for the plaintiff in that instance is because there are no remaining issues of contention between them since we settled the case by the Separation Agreement.   Continue reading

The college application process can be a daunting thing notjust for aspiring students, but also for the parents that hope to support their children’s education. When it comes to children of divorce, the concerns regarding which schools to apply for and what courses to take can extend to additional worries about which parent should be expected to pay the ongoing expense of tuition, room and board, books, travel, and the rest of it.   In New York, the rules regarding college costs for child support cases or following divorce are often impacted by something called the “SUNY” cap. The SUNY cap is a concept commonly used by the New York courts to address the issue of how college education should be paid for. Parental payment for their children’s college isn’t automatic in the state of New York, the trend has been for courts to use a more child-friendly approach to financing college education.

The legislature has codified in the Domestic Relations Law and Family Court Act that courts need to order parents to contribute to a child’s college education, depending on the circumstances at hand, and the child’s best interests.  The cases have held that this determination is done according to the parent’s ability to pay, the expectations the parents had for the children (such as their own educational backgrounds), and the children’s academic abilities. Continue reading

For some people, the thought of going through a divorce canbe terrifying. Divorces are emotional experiences, that require a great deal of thought and planning to make sure that you walk out at the other end of the procedure prepared for your future. As a divorce attorney, I know that the last thing many of my clients want to do when they’re dealing with the vulnerability they feel during a divorce case, is to present their argument in front of a New York court. Even if the divorce is amicable, taking the process to court can be an overwhelming, and time-consuming process. That’s why opportunities have emerged that allow people considering divorce to choose other methods of dispute resolution.

Alternative dispute resolution proceedings allow you to resolve the issues that appear during the divorce process, through a series of informal negotiations between spouses. These negotiations can take place in more comfortable office spaces, and may ensure that you never have to step inside of a court room. Eventually, the purpose of an alternative dispute resolution is to allow both parties to come to a voluntary settlement about how they want their divorce to be handled. Here, we’ll take a look at the two most common forms of alternative dispute resolution, both of which I can perform from my office here in Long Island.

Using Divorce Mediation for Alternative Dispute Resolution

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Addressing your Most Frequently Asked Divorce QuestionsAs a divorce attorney, I do my best to keep my clients informed and educated about each step of their divorce procedure. Often, this means answering some of the most common questions that might arise about the complications of marriage dissolution. To help people facing family law issues to address some of the most typical concerns surrounding divorce, I’ve put together this list of some frequently asked divorce questions that I have answered in my previous blogs and web site pages.  Child custody, parenting time, child support, maintenance (spousal support) are important issues that need to be decided in a divorce as well but I do not discuss them in today’s blog.

Question 1: What Are New York Divorce Residency Requirements?

Parties to a divorce in New York must meet the residency requirements for the state, or their case may be dismissed. To apply for a divorce, residents must meet with the following requirements:

  • The marriage ceremony must have taken place in New York, and one spouse must have had legal residence for at least one year prior to action taking place.
  • Both spouses lived as a married couple in New York, and one or both residents has been considered a resident for at least one year prior to action taking place.
  • The grounds for divorce took place in New York, and at least one spouse has been a resident for at least one year prior to action taking place.
  • The grounds for divorce took place in New York and both spouses were residents at that time.
  • At least one spouse was living in New York as a resident for at least 2 years prior to filing the case.

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As a divorce lawyer for the regions of Long Island, the surrounding areas and New York, I like to inform my clientsthat I’m capable of offering them a range of solutions when it comes to dissolving a marriage. While some people will find that litigation is their best option (and I do litigate), others will prefer to access the often time, and cost-effective solution of mediation instead. As a trained mediator, I can offer clients a more collaborative experience when it comes to settling divorce issues.  I routinely litigate, as well as settle cases under the more traditional system, which is set up as an adversarial system (ie.  Plaintiff versus Defendant).  I also work as a mediator or a review attorney for those that choose divorce mediation as their process to dissolve their marriage. Here, I’ll address some of the common questions I encounter about divorce mediation.

Question 1: How Can I get My Spouse to Agree to Mediation?

Often, both spouses need to feel comfortable in a mediation setting for this process to work. As such, my clients often ask me how to convince their spouse to take part in mediation as an alternate source of dispute resolution. Often, I find that the best option is to simply approach the topic from an angle that both of you understand. For instance, if you’re concerned about money, you could acknowledge that mediation is often cheaper than litigation. Alternatively, if you want to defend the children from an emotional process, mediation is often a much calmer approach to divorce. Continue reading

When two spouses get a divorce in New York, they must address multiple complicated issues, including the equitable distribution of marital property. This often includes the marital home. A divorce agreement, or a court order granting a divorce, usually includes provisions for the disposition of the marital home. The sale of a home might not be practical or even possible at the time of the divorce for a variety of reasons. What happens when a home is to be sold after a divorce? Should the person paying the mortgage get credit for the full amount of the payments or some other amount? As for the person waiting to receive their share of the sales proceeds, should they receive interest in some form? These questions have no easy answers, but they are worth exploring.

Section 236(B)(5)(a) of the New York Domestic Relations Law requires a court to resolve all issues of marital property distribution in, or prior to, a final judgment of divorce, except for issues regarding which the parties have entered into an agreement. Postponing the sale of a marital residence requires careful planning in the hopes of avoiding a return to court. A court is unlikely to approve the future sale of the home without both parties’ agreement, along with a plan for either selling it or otherwise disposing of one spouse’s marital property interest.

Divorcing spouses have several options when postponing the sale. One spouse may buy out the other spouse’s share of the marital interest, either in cash or with a promissory note. This arrangement, along with most other postponements, creates potential problems with a mortgage lender. Any postponed sale means that one spouse must continue making mortgage payments, while the other spouse remains liable for missed payments.

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Different people approach divorce from different angles. While some are limited to litigation, others will prefer toexplore alternative solutions like collaborative law and mediation. I offer mediation to couples as a way of helping them to sort through the various issues that commonly arise during a divorce or separation. As a mediator, I try to ensure that the discussion is calm, constructive, and open, so that both parties are able to have their say. Because of this, mediation is often seen as a very flexible process, and it can be used to address matters regarding children, visitation, and custody rights, or consider concerns about the financial side of dissolving a marital relationship.
Using divorce mediation properly is all about understanding what you’re getting involved with, what the benefits are, and who you need to be in contact with. It’s important to remember that mediation isn’t there to deal with your relationship problems or get you back together, but instead assist you in agreeing on the issues that will allow you and your ex-partner to move on with your separate lives. Continue reading

The first thing to understand about divorce – is that no matter how you go about it, you’re probably going to facesome emotional complexities and other personal difficulties. Divorces are a difficult process – after all, most couples enter a divorce after years of trying to make it work with their spouse, and find themselves suddenly considering the prospect of single life all over again. It can be extremely difficult to regain your confidence, find financial stability, and make sure that you’re ready for the change in lifestyle that lies ahead, but that doesn’t mean that everything about divorce is negative. As I often tell my clients – it’s up to you to decide when your marriage is over. If you simply can’t be happy in the relationship that you’re in – for any reason, then divorce may well be the answer.  My last blog article discussed some of the negative, as well as positive aspects of divorce and separation.  This article will focus on the up sides.

After you receive those final divorce papers, it’s easy to find yourself mourning the loss of your relationship, but it’s also important to focus on the positives that could come your way now that you’ve removed yourself from a potentially toxic situation.

Divorce Could Make You Happier

I often find that it can be difficult for some clients to believe that they may enjoy a happier life after their divorce is over, but I frequently see ex-spouses moving on to live more peaceful, fulfilling lives once their divorce is settled. Though the initial feelings that you experience during the onset of a divorce may center around a fear of the unknown, that anxiety and sadness will in most instances eventually get better. Continue reading