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Why is Mediation Often Better than Litigation?

According to an MSNBC article entitled More Couples Seeking Kinder, Gentler Divorces, litigation may cost as much as 11 times more than mediation. But aside from the cost difference, mediation has other redeeming values over litigation. One research study analyzed five different studies that compared mediation to litigation and arrived at a quantitative summary of […]

Under NY Law, Who Must Pay Child Support?

Without a doubt, one of the most time-consuming issues in any divorce involving children is going to be deciding the questions of, who pays child support, and how much. In this post, we will provide a brief summary of this important topic, but if you’d like to speak an experienced New York divorce lawyer about […]

Divorce Tax Consequences and Other Financial Considerations

One of the most significant divorce tax consequences is that you can no longer file joint tax returns. The adage, two live more cheaply than one, is true and taxes are no exception to this rule. However, skilled divorce lawyers know New York divorce laws and can help you plan your divorce in advance of […]

Types of Child Custody and Custody Arrangements

Custody refers to the legal right and responsibility to provide for a child’s care. New York Courts divide custody into two main categories of responsibility: Physical custody. Physical custody refers to the child’s primary residence and the access arrangement of when the child will be with which parent. Legal custody. Legal custody refers to major […]

Who Should Get the Family Home?

Many times people feel like their home is a comfort zone and it can be a source of stability for children. When divorcing, maintaining the status quo is usually in a child’s best interests. Divorce involves a lot of change and this type of change can be difficult and confusing for children. Keeping some things […]

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, […]

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 […]

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, […]

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 […]

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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