divorce

/Tag:divorce

“Game Over”

Hitting the news lately is the fact that there is apparently a new growing cause of divorce, at least in the UK. The video game Fortnite was listed in 200 divorces so far in 2018 as being partly to blame for the demise of the marriage. While we in New York have “irretrievable breakdown” as [...]

By | 2018-10-15T17:05:53+00:00 September 20th, 2018|Divorce Law|Comments Off on “Game Over”

The Role of the Review Attorney in Mediation

Mediation clients often ask: why do I need a review attorney? Mediation is becoming ever more popular as people realize the value of having help in making decisions about their split; however, they do not want to “lawyer up” and risk having an adversarial situation. The mediator does not represent either party and will be [...]

By | 2018-10-15T15:50:01+00:00 April 26th, 2018|Mediation|0 Comments

Therapy and Divorce

Sometimes clients need help resolving personal issues that are not within my expertise. They may need to be able to come to terms with the loss of their marriage and the part they played in it. They frequently have stress and even post traumatic stress disorder. Since I am not equipped to treat them, I [...]

By | 2018-10-15T15:50:59+00:00 January 26th, 2018|Divorce Law|Comments Off on Therapy and Divorce

The One Session Mediation

Yes, you read that correctly. It can and has been done. I have successfully mediated a divorce which took only one session. The couple had no children, no real estate, and very few assets and debts. They both wanted to reach an agreement quickly and were willing to work together toward that goal. There was [...]

By | 2018-10-15T15:51:06+00:00 January 18th, 2018|Mediation|Comments Off on The One Session Mediation

Exchanging a Statement of Net Worth in a Divorce

In the divorce process, whether mediated or litigated, one of the most important documents is the statement of net worth. It is a document that outlines the financial health of each party. There are several sections. One section outlines the family data and budget such as how many children are in the home, dates of birth [...]

By | 2018-10-15T15:53:13+00:00 October 5th, 2017|Divorce Law, Mediation|Comments Off on Exchanging a Statement of Net Worth in a Divorce

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 | 2018-10-15T15:53:38+00:00 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 | 2018-10-15T15:54:29+00:00 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 | 2018-10-15T15:54:34+00:00 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 | 2018-10-15T15:54:45+00:00 June 15th, 2017|Divorce Law, Estate Planning|Comments Off on What is a Waiver of Estate Rights?