Articles Posted in Mediation

One of the many uncomfortable conversations that I often need to have with my mediation clients involves the sensitive topic of retirement assets. As you can imagine, the division of retirement assets can be a very emotional topic; both for the retirement asset holder and for the spouse who may not have had the opportunity…

New York Courts Rollout Presumptive Mediation in Matrimonial CasesIn an effort to quell the volume of divorce litigation in New York Courts, Presumptive Mediation is being rolled out for matrimonial cases this September. Whether or not couples choose the path of mediation, the Courts now say couples should at least try it, and are putting…

If you are getting married, going through a divorce, or even contemplating divorce, one of the many questions to ask yourself is how does the law in your state divide property upon divorce. If you litigate your divorce in the State of New York, the court will apply the Law of Equitable Distribution. The term…

People are often disappointed after choosing to litigate their divorces. What they thought would be a forum to air their grievances with their spouse may turn out to be a high-pressure, high-cost ordeal that lasts half a decade. In this article, I present two options — a non-fiction Choose Your Own Path if you will.…

Prenuptial agreements are versatile tools that can provide reassurance and guidance for the couples who take advantage of them. That said, there remain many misconceptions about what a prenup can and cannot do — so I thought I would take some time to demystify the process in this post. What Is a Prenuptial Agreement?A prenuptial…

Any person who has been through a divorce will tell you that the topic of introducing a significant other to the children is a sticky one at best. Even people involved in the most amicable of divorces struggle with this. So, the question is, how do divorcing parents navigate this difficult topic? Here are a…

Often times in my mediation practice I get asked the question: How do I change my last name?Many people are under the misconception that as soon as they sign the divorce papers, they can legally change their last name back to their maiden name — but that’s not true. The changing of your last name…

One of the issues to be decided in mediation is how frequently child support will be recalculated. In New York, child support is calculated pursuant to the Child Support Standards Act (CSSA) In calculating child support, the CSSA looks at the gross income of the parties, minus standard deductions such as FICA, and then calculates…

Nesting is an arrangement in which the parents agree to rotate in and out of the marital home while the children continue to reside in the marital home full time. The parents create a schedule where only one parent is at home with the children at any given time — for example, mom is in…

When a couple decides to end their marriage, there will be many stressful moments to come — sometimes those moments reach levels of epic proportions. In a high-stress argument, the heart starts pounding and muscles tense up, sometimes unconsciously. You may even start to perspire and feel like you are losing your composure. This effect…