*Hourly Rate. Does not Include Additional Filing Court Fees and Case Expenses
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 »
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 »
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 »
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 »
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 »
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 »
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 »
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 »
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 »
The questions of spousal support and property division can be a bit complicated when a spouse is self-employed or owns a small business. Spouses are obligated to make full financial disclosures, but you may still have to connect a lot of dots to get a complete picture of an owner-operated business. When both spouses are… Read More »