Divorce Law

/Divorce Law

How I Practice: An Interview with the New York State Bar Association

I am very honored to have had the opportunity to sit down with the New York State Bar Association and share how I practice law and organize my business. NYSBA has wonderful resources on their site, including the How I Practice section, which offers tips, tricks, and lessons to other attorneys. This interview can be [...]

By | August 17th, 2017|Divorce Law, Estate Planning, Mediation, Small Business|Comments Off on How I Practice: An Interview with the New York State Bar Association

What is a QDRO?

A QDRO is a qualified domestic relations order. This is an order regarding retirement accounts. In a divorce, retirement accounts are frequently the subject of equitable distribution. Each party would be entitled to their marital share of the other’s retirement accounts. An evaluation is performed using what is known as the Majauskas formula. This formula [...]

By | August 11th, 2017|Divorce Law|Comments Off on What is a QDRO?

What is the Difference between Legal Advice and Legal Information? How does that Affect the Role of the Mediator?

People often ask: how do you reconcile the role of the mediator and the role of the attorney when you are doing mediation? When doing a mediation, the mediators’ role is to help the people decide for themselves what course of action they want to take. As a mediator who is also an attorney, I [...]

By | July 14th, 2017|Divorce Law, Mediation|Comments Off on What is the Difference between Legal Advice and Legal Information? How does that Affect the Role of the Mediator?

What is a Motion for Attorney’s Fees?

There are several different types of instances within a divorce where one might want to ask the court for attorney’s fees. In a matrimonial action, we might make a motion “pendente lite,” which means “pending the litigation,” for the moneyed spouse to pay the attorney’s fees for the spouse with less money. This type of [...]

By | June 29th, 2017|Divorce Law|Comments Off on What is a Motion for Attorney’s Fees?

What is a Waiver of Estate Rights?

In New York, your spouse has something called a right of election. What this means is that no matter what you want to leave them in your will, they have a right to $50,000 plus one third of your estate. So for instance if you die with a will leaving your spouse out because perhaps [...]

By | June 15th, 2017|Divorce Law, Estate Planning|Comments Off on What is a Waiver of Estate Rights?

Nesting: The Logistics of the “Family” Home

Nesting has become a popular concept for families of divorce lately, with articles in the New York Times and other well known publications. Nesting, if you are not familiar with the term, is when divorcing parents arrange for the children to remain in the family home while they each obtain a separate place to live. [...]

By | June 1st, 2017|Divorce Law, Mediation|Comments Off on Nesting: The Logistics of the “Family” Home

What to Expect at Our Divorce Consultation

Many potential clients come to us when they are in the planning stage of a divorce. No one has served any papers, sometimes they are not even sure they want to file for divorce, they are just thinking about it. When we have a consultation for a divorce, we ask that the potential client come [...]

By | May 18th, 2017|Divorce Law|Comments Off on What to Expect at Our Divorce Consultation

Court is Like a Box of Chocolates

What is an “attorney for the child” and what does it mean for my case? Often when parents who are divorcing are already in court and do not agree on custody, the court will assign an “attorney for the child.” This is an attorney who will interview both parents and the child or children. The [...]

By | May 4th, 2017|Divorce Law|Comments Off on Court is Like a Box of Chocolates

What Do You Mean I’m Not Really Married? Or Not Really Divorced?

When people call our office asking about divorce or family court issues, we tell them the various documents we need to look at in order to best advise them. One of the documents we want to look at is their marriage certificate. Often, we have people who consider themselves married, have lived together for years, [...]

By | April 27th, 2017|Divorce Law|Comments Off on What Do You Mean I’m Not Really Married? Or Not Really Divorced?

Continuing Education for Mediation

Mediation is gaining in popularity, so much so that there are a proliferation of people advertising that they do mediation. Some of them are attorneys, some of them are not. Many of them have had absolutely no training in mediation, yet will sit down with a couple and “mediate.” New York has no licensure for [...]

By | April 20th, 2017|Divorce Law, Mediation|Comments Off on Continuing Education for Mediation