521 Fifth Avenue, 31st Floor, New York, New York 10175
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Jessica Toelstedt


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Jessica L. Toelstedt is a partner with Berkman Bottger Newman & Schein LLP. Ms. Toelstedt joined the firm in 2012. Prior to joining, Ms. Toelstedt worked for another Manhattan-based firm where she focused on complex matrimonial and family law cases. Ms. Toelstedt’s reputation for high ethical standards and professional ability among her fellow attorneys has earned her the highest peer rating, AV Preeminent, from Martindale-Hubbell, which has also named her a “Client Champion” for 2017, 2018 and 2019. Ms. Toelstedt was voted a New York Family Law Rising Star by her peers from 2014 through 2016 and as a New York Family Law Super Lawyer by her peers in 2017 and 2018.

Ms. Toelstedt has experience handling all aspects of matrimonial and family law cases, including post-judgment matters, appeals, and prenuptial and postnuptial agreements. Throughout Ms. Toelstedt’s career, she has appeared regularly in both Supreme and Family Courts in New York City and the surrounding areas and continues to do so. Today, Ms. Toelstedt primarily focuses her practice in the areas of mediation, collaborative law, negotiation, and out of court settlements to resolve all family related matters, including prenuptial and postnuptial agreements. Ms. Toelstedt has been trained as a mediator by The Center for Understanding in Conflict and has ben trained in collaborative law by The New York Association of Collaborative Law Professionals.

Ms. Toelstedt is a strong proponent of settling divorce and related matters as amicably as possible for the benefit of the parties and when relevant, the best interests of their children. Ms. Toelstedt resides on Long Island with her husband and two children.

Areas of Practice:


Ms. Toelstedt mediates all matters related to marriage and family law, including prenuptial agreements, postnuptial agreements, separations, divorces, and post-divorce/separation issues including but not limited to custody, co-parenting, parenting schedules, agreement modifications, and financial matters.

Collaborative Law Divorce

Ms. Toelstedt represents clients who wish to obtain a divorce or separation using the Collaborative Law Process, utilizing a formal participation agreement.

Consulting Attorney

Ms. Toelstedt regularly serves as a consulting attorney for clients as they go through the mediation process with an outside mediator.

Negotiation Only/Out of Court Settlements

Ms. Toelstedt represents individuals who wish to resolve their matters out of court, but do not feel that mediation or Collaborative Law would be the right process choice.

Prenuptial and Postnuptial Agreements

In additional to serving as a mediator for couples who wish to enter into these types of agreements, Ms. Toelstedt represents individuals who would like her to negotiate the terms of these agreements.


Ms. Toelstedt began her career solely litigating matrimonial and family court matters both pre and post-judgment, and continues to serve in this capacity.

Second Parent Adoptions

Ms. Toelstedt represents parties seeking to be named as a “second parent” to a child.


  • University of Buffalo Law School – 2005
  • University of Buffalo – 2002

Admitted to Practice

  • New York State, 2006

Areas of practice

Matrimonial/Family Law

  • Divorce Litigation
  • Collaborative Law
  • Divorce Mediation
  • Equitable Distribution
  • Marital Agreements
  • Postnuptial Agreements
  • Prenuptial Agreements
  • Separation Agreements
  • Spousal Support
  • Child Support
  • Child Custody
  • Alimony
  • Marital Property Distribution
  • Marital Property Settlements
  • Paternity
  • Post-divorce Actions
  • Appeals


  • Second-parent adoption

Honors and Recognitions

  • Client Champion, Martindale-Hubbell, 2017-2019
  • Super Lawyers, 2017 and 2018
  • Founding Member, American Academy for Certified Financial Litigators
  • AV Rated by Martindale-Hubbell
  • SuperLawyers Rising Star, 2014 – 2016

Professional Memberships

  • New York Association of Collaborative Professionals
  • New York State Bar Association
  • New York State Women’s Bar Association
  • Family and Divorce Mediation Council of Greater New York
  • Nassau County Bar Association
  • Suffolk County Bar Association


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