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Posts by Jacqueline Newman

What to Expect at a Typical Divorce Mediation Session

In a typical divorce mediation session, the couple meets with the mediator, who is a professional trained in conducting mediation.  Throughout all mediation sessions, the mediator maintains an impartial perspective and facilitates the couple’s discussion while helping them address issues related to their divorce. A session may typically last one hour but could be longer,…

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Complicated Asset Division During Divorce

High net worth divorces typically involve characterizing significant assets when couples divorce.  Also, the more that you commingle assets, the more complicated the process may be for determining what is separate and marital property.  Generally, property acquired prior to marriage is separate property and property acquired during marriage is marital property.  For example, pensions that…

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Legal Help in an Uncontested Divorce

An uncontested divorce is one in which couples have agreed on the financial issues as well as the other divorce issues, such as child custody and support, marital property division, and spousal support. Divorce paperwork Despite the fact that the divorce is not contested, the action of filing for divorce is still a legal step,…

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Are Custody Cases Still Forgone Conclusions?

Traditionally, in the early part of the twentieth century, mothers stayed at home, handling housework and raising the children.  Fathers were in the workforce, making the money to provide for the family.  For marriage breakdowns that ended in divorce, the natural transition was for the father to continue the role of supporting the family financially…

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When is Divorce Litigation the Best Option?

Under certain circumstances, divorce litigation may be the best option for a divorce.  Usually litigation becomes a viable option after attempts to settle have failed, and couples still have one or more highly contested issues.  When domestic violence, child abuse, drug abuse, or criminal activities are issues, couples may also not be able to communicate…

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Approaching Your Fiancé (or Fiancée) about a Prenuptial Agreement

Suggesting a prenuptial agreement is often awkward and you do not want to harm your relationship or offend your fiancé (or fiancée).  However, broaching the subject is important because a prenuptial agreement can protect assets, income, and provisions for children from a previous marriage. Some tips for approaching the subject Here are some points to…

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Typical Effects of Divorce on Children

Obviously, the best scenario for children is parents who are happily married and raising the children together.  Divorce takes its toll on children, and statistics show this to be true.  In 1994, a book written by McLanahan and Sandefur gave insight into single-parent families based on a decade of research.  They studied four national data…

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New York Divorce Grounds

New York was the last state in the nation to pass an amendment allowing no-fault grounds as an option for divorce.  Prior to October 11, 2010, spouses had to file for divorce using fault grounds in New York.  Fault grounds still remain an option, albeit it unpopular, for divorce today and include the following six…

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Top Five Reasons to Choose Collaborative Divorce over Litigation

Collaborative divorce has become an increasingly popular approach to divorce for various reasons.  If you are considering divorce, it is worth your while to look into collaborative divorce and consult your divorce lawyer about its feasibility in your situation. Reasons couples choose collaborative divorce over litigation include: Emotional advantages.  Divorce is an intensely emotional endeavor…

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What Makes Our Firm Different?

Just as every marriage is unique, so is each divorce.  The degree of conflict, the types of issues couples must address, their finances, and their children’s needs all vary greatly.  At Berkman Bottger Newman & Schein LLP, we are the only firm in New York City that has attorneys that specialize in collaborative law, mediation…

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