Divorce mediation involves two clients working with one neutral mediator to reach an agreement. The mediator can help clarify the issues and help the parties sort through the options. In New York, a mediator does not have to be an attorney. However, a mediator, even if he or she is an attorney, may not give legal advice. The outcome of a successful mediation is generally a memorandum of … [Read more...]
What is Collaborative Divorce?
The collaborative divorce approach involves, at a minimum, two attorneys and two clients working together to reach an agreement outside of court. There is a commitment by all involved to address the issues directly, without court intervention or the threat of litigation. The issues are resolved in series of confidential meetings with a full exchange of relevant information. The process relies on … [Read more...]
What Is the Difference Between Legal Separation and a Divorce?
There are four reasons people remain legally separated and hold off on getting divorced: Taxes - As long as you are married, even if you’re separated, your tax filing status can be married filing jointly or married filing separately. You cannot file as an individual if you are married. Division of pensions and retirement accounts - Division of pensions and retirement accounts like a 401(k) or … [Read more...]
What Is a No-Fault Divorce in New York?
To obtain a divorce in New York you need grounds. Until October 2010, we were essentially considered a fault state, requiring proof of cruel and inhuman treatment, abandonment for a year or more, adultery and imprisonment for three or more years. Back then, the closest we had to a no-fault divorce was living with a signed separation and property settlement agreement for over a year. In October … [Read more...]
How Should I Prepare to Meet with My New Lawyer?
The most important thing to bring to your initial consultation with your attorney are your questions. Take some time to sit down and think about what is important to you, your goals and objectives. Think about not only the short term, but where you want to be in three, five, ten or 15 years down the road. That’ll help clarify where your goals lie and prepare you to inform the attorney of your … [Read more...]
How Long Does It Take to Complete the Divorce in Monroe County?
The amount of time it takes to complete a divorce depends on basically two things: the amount of time it takes to resolve all the issues between the parties and how long it takes for the judgment roll to be completed. Usually, the greater time is spent resolving the issues between the parties and either reaching a negotiated agreement or having a judge decide everything after a trial. This stage … [Read more...]
Who Pays for College After Separation or Divorce?
The only time a parent may be required to contribute to the college expenses of a child is when the parties are separated or divorced. Otherwise, parents may choose whether or how much to contribute to the college expenses of their children and a court will not make either parent pay. When determining how much parents will contribute in connection with a divorce or separation, a court will … [Read more...]
What Are the Costs of Divorce and Who Pays in Monroe County?
The costs of divorce basically fall into two categories. The first are filing fees, which are paid to the Monroe County Clerk’s Office or the clerk’s office where the divorce action is filed; they total about $340. After the divorce action is started by filing certain documents with the clerk’s office, the documents must be served on defendant. If defendant or his or her attorney agree to accept … [Read more...]
