Jessica L. Toelstedt joined the predecessor firm Berkman Bottger Newman & Rodd, LLP (now Berkman Bottger Newman & Schein, LLP) in 2012 and was named partner in 2016. Ms. Toelstedt’s practice focuses on mediation, collaborative law and litigation. Ms. Toelstedt also specializes in drafting Pre- and Postnuptial Agreements for high net worth individuals.
Ms. Toelstedt was exposed to matrimonial law at an early age when as a young teen her own parents were divorced. Having dealt with a parent that had a history of drug and alcohol abuse, Ms. Toelstedt learned firsthand the importance of representing a client going through what may be one of the most difficult times in their lives and the lives of their children.
Ms. Toelstedt began her career focusing on litigating matrimonial matters and since then has appeared regularly in Supreme and Family Courts throughout New York City and the surrounding areas. Ms. Toelstedt has also handed appellate matters and argued the landmark case Fields v. Fields in the Appellate Division of the First Department. After having spent nearly the first half of her career litigating matrimonial matters, Ms. Toelstedt expanded her practice to include process choices that can address family matters outside of court, without litigation.
Ms. Toelstedt has been trained as a mediator by The Center for Understanding in Conflict and regularly mediates all matters related to marriage and family law, including prenuptial agreements, postnuptial agreements, separations, divorces, and post-divorce/separation issues.
Ms. Toelstedt has also been trained in collaborative law by The New York Association of Collaborative Law Professionals and regularly represents clients who wish to obtain a divorce or separation using the Collaborative Law Process, utilizing a formal participation agreement.
Ms. Toelstedt also offers her clients services as a consulting attorney, for when they are pursuing the mediation process with an outside mediator.
Sometimes clients do not feel that they are a good fit for mediation or the Collaborative Law Process, and in those instances, Ms. Toelstedt will provide direct representation to her clients with the goal of reaching a resolution outside of court.
In addition, Ms. Toelstedt focuses on drafting Pre- and Postnuptial Agreements for high net worth individuals. Pre- and Postnuptial agreements can be reached through the process of mediation, with Ms. Toelstedt either acting as the mediator or the consulting attorney. Other times, Ms. Toelstedt provides direct representation to clients looking to protect their interests prior to or after marriage. Ms. Toelstedt understands that the negotiation and drafting of these agreements requires a more measured, cooperative approach, as the parties involved are either entering or maintaining what will hopefully be a long-lasting and happy marital relationship.
More recently, finding a need within her own client base, Ms. Toelstedt has added adoption to her practice and will represent individuals seeking to be named as a “second parent” to a child.
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” from 2017-2021. 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 from 2017-2020.
Ms. Toelstedt also serves as a Mediator on the Court Roster of Matrimonial Mediators for New York County Supreme Court and Kings County Supreme Court and is a member of the Board of Directors for the Family and Divorce Mediation Council of Greater New York. Ms. Toelstedt resides on Long Island with her husband and two children.
Areas of practice
- Divorce Litigation
- Divorce Negotiation
- Postnuptial Agreements
- Prenuptial Agreements
- Divorce Mediation
- Equitable Distribution
- Marital Agreements
- Separation Agreements
- Spousal Support
- Child Custody
- Child Support
- Marital Property Distribution
- Marital Property Settlements
- Second-parent adoptions
- Post-divorce Actions
- University of Buffalo Law School - 2005
- University of Buffalo - 2002
Admitted to Practice Law
- 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
Honors and Recognitions
- Client Champion, Martindale-Hubbell, 2017-2021
- SuperLawyers, 2017-2021
- Founding Member, American Academy for Certified Financial Litigators
- AV Rated by Martindale-Hubbell
- SuperLawyers Rising Star, 2014-2016