Recent Blog Posts

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 »

Divorce Mediation for Small-Business-Owner Spouses

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 »

Is Mediation Really for You?

When most couples decide on mediation, they often have no idea what it’s all about. In this alternative dispute resolution process, both parties need to have an open mind. This is not always the case, however. In fact, it’s rarely the case. Mediation is not for you if you don’t have an open mind. Many times one… Read More »