Recent Blog Posts

When Should a Divorce Lawyer Use Income Analysis?

When you’re going through a divorce, there are two overarching concerns in conflict: on the one hand, you want to keep your legal costs down; on the other hand, you want a fair result. If you cut corners during the legal process, you could come out on the short end on issues such as child… Read More »

When Is Distribution of Property Not Equal for a NY Divorce?

New York divorce courts follow the principles of equitable distribution when dividing marital property. That means the court tries to allocate assets and debt in a manner that is fair, but not necessarily equal. New York Domestic Relations Law §236B(5)(d) lists 14 factors the court must consider when deciding how to settle an estate, the… Read More »

How Does the Affordable Care Act Affect a Divorce?

When a couple dissolves their marriage, they often have to plan for life without certain benefits they enjoyed because of their marital status. One of these benefits could be health insurance. If you and your children have been covered under your spouse’s employee health plan, the children will retain their coverage, but in most cases,… Read More »

In a New York Divorce, What Is Separate Property?

New York divorce law allows spouses to keep their separate property while the rest of their assets go into the marital estate for equitable distribution between them. But what exactly is separate property? Generally speaking, there are three ways to establish that property is separate: The spouse owned the property before marriage. The property was… Read More »

What Effect Does a Parent’s Disability Have on Child Custody?

A parent’s disability can affect numerous aspects of a divorce, including distribution of property, alimony, child support, and child custody. Historically, parents with disabilities have faced a range of challenges gaining or retaining custody of their children. Courts make decisions based on the best interests of the child, so when a parent is disabled, the… Read More »

The Couple Says They Want an Amicable Divorce, But Do They Mean It?

In our divorce mediation practice, we often come across couples who insist they want an amicable divorce and are ready to work cooperatively to resolve all their issues. Then we get them into the room and the fur starts to fly! So what in the world happened? Various factors might be at play: Lack of… Read More »

Mediation “Minutiae”: Loose Ends Can Unravel Your Divorce Settlement

If you’re considering divorce mediation, it’s important to select an experienced mediator. New York has surprisingly few requirements for certification as a family law mediator. So, if you are only considering the cost, it’s easy to wind up with someone who is just starting out or doesn’t have any kind of legal background. A novice… Read More »

Some Suggestions for Making Divorce Mediation Go More Smoothly

Divorce mediation is a beneficial process for couples who would like to reach a settlement agreement without the time and expense of litigation. Mediation is not for every couple, but even when it’s appropriate, participants can improve their chances of achieving positive results by keeping a few important points in mind: Don’t be rigid in… Read More »

What Happens If My Spouse Won’t Agree to Divorce Mediation?

We’re often asked if divorce mediation can proceed when one spouse has not bought into the process. Mediation is designed to be a cooperative venture. If one spouse is open and engaged, but the other sits tight-lipped with arms crossed, that’s not mediation. Nor is it mediation if only one spouse shows up for the… Read More »

Is Mediation Worth Going Through for a “Standard” Divorce?

Many couples who decide to divorce don’t anticipate a lot of drama or complexity to their settlement. If you think your divorce will be more or less “standard,” you might wonder if it’s worth paying the fees for mediation. But before you decide against mediation, here are a few points to consider: How “standard” is… Read More »