Long Island Divorce Blog: Avoiding Court
by Fred on February 4, 2012
- Divorce Medation Long Island -- Pensions and Divorce: New York State Teacher's Retirement System Your Spouse's New York State Teacher's Retirement System Pension is Marital Property
If your spouse was employed by a New York State public school system and earned any part of a pension during the marriage you are probably entitled to share in that pens...
- Some thoughts on six weeks of no-fault divorce -- Long Island Divorce Mediation It has been a while since I posted a new entry. Life has just been a bit too busy.
It has now been a few weeks since the no-fault divorce provisions went into effect, and I have some observations on them.
First, there has been an uptick in the numbe...
- No-Fault Divorce Comes to New York on Oct 12, 2010 -- Long Island Divorce Mediation now even a better choice Divorce laws modernized to no-fault -- makes divorce mediation an obvious choice.
The New York state assembly has passed a bill authorizing no-fault divorce in New York. Governor David Patterson signed the bill on August 15; it goes into effect...
- Failure to Deal with Realities in Long Island Divorce -- Long Island Divorce Mediation as Alternative, Part 2 Divorce Mediation Is Successful With Full Financial Disclosure.
Obviously, the husband could have been presenting a partial picture; I told him that his initial failure to provide financial disclosure to his wife's attorney had probably cost him some ...
- Failure to Deal with the Realities in Long Island Divorce -- Long Island Divorce Mediation As Alternative, Part 1 Divorce Mediation Appears to Be a Better Option than Divorce Litigation to Long Island Couple.
A couple came in to see me two weeks ago, hoping to avoid a disastrous litigated divorce. The wife already had an attorney; the husband is a lawyer -- not a...
- How to Spend $10,000 and Get the Same result Anyway -- Long Island Divorce Mediation Would Have Been A Lot Cheaper. Financial Troubles Resulting From Serious Illness Bring Couple to Divorce Mediation.
In the middle of last year a couple came to see me to mediate their divorce. They were amicable, it appeared, at least at the beginning. The husband was an attorne...
- Who to turn to for Advice -- Long Island Divorce Mediation? A potential client (let's call her Mary) came to me late last week with the following problem: her friends are all telling her to go for the jugular, hire the shark with the sharpest teeth, and rip her husband apart and take everything he has. Her therapi...
- Financial Planning and Divorce -- Long Island Divorce Mediation Too often, in the emotional turmoil of divorce, the financial realities get ignored by everyone involved. You and your spouse are dealing with years of resentment and fear of the unknown. Your lawyers are using whatever legal maneuvers are available to ge...
- You Need A Helper to Get Through Divorce - Long Island Divorce Mediation. Most people have not been through a divorce before. Suddenly your world is turned upside down. Couples you have been friendly with suddenly don't answer the phone -- not sure which side to take. Someone who you thought was a best friend suddenly takes you...
- Abandonment Must Be Sexual, Not Social Once again, the New York Courts have held that grounds for divorce count; we do not have no fault divorce and the Courts will not make it up.
The Second Department Appellate Division, sitting in Brooklyn, held in Davis v. Davis that "The plaintiff's al...
- It Still Takes Two to Tango. I had a second couple come in during the past two weeks where the wife was all set to go with divorce mediation for a separation and the husband had come in to participate but had a completely different view of what he was there for.
He was willing to ...
- Ex-Wife Not Forced to Pay Husband's Legal Fees for Divorce Tactics Justice Robert A. Ross, of Nassau Supreme Court, has refused to award legal fees to the investment banker husband for his wife's "stonewalling" and "manipulation" during their divorce proceeding. Mr. Molinari, in Molinari v. Molinari alleged that his wife...
- Getting Real in Divorce Mediation A couple came in this past Saturday, at 5:00 pm, to begin the process of Long Island divorce mediation. Now, ordinarily, I would not meet with people at 5:00 pm on a Saturday, but the wife was insistent and the husband was unwilling to come in during the ...
- The "Myth" of Divorce Mediation I read an article today on the Internet called "The Myth of Divorce Mediation", published by one of the major divorce law firms on Long Island. It's basic premise is that mediation sounds great in theory, but in practice you will get hurt and would be muc...
- What to do about a power imbalance in mediation? What do you do in a divorce mediation when one spouse is intimidated by the other and will not stand up for (usually) herself? It is true that the divorce mediator's job is to be a neutral, but I take the position of aggressive neutrality. My job is to he...
- What to do when you want to go to mediation but your spouse won't cooperate? A mediation prospect came to see me yesterday and presented a common problem from my perspective. She was very eager to pursue mediation rather than to hire separate attorneys. However, her husband had not come with her to the initial consultation.
He ...
- A client says, "I am afraid that my spouse will control the mediation sessions." Often people are afraid that in mediation they will be overwhelmed or intimidated by their spouse to agree to terms that they really don't want or that they perceive as unfair.
It is the job of the mediator to make sure that neither party is intimidat...