By Randy S. Margulis | Published March 29, 2024 | Posted in Divorce | Tagged Tags: mediation, presumptive mediation, settlement | Comments Off on Using Mediation to Advantage in a New York Divorce?
Most contested divorces and child custody matters in New York are now referred to mediation: a structured but informal environment where spouses can discuss their issues, negotiate and potentially reach agreements without the need for trial. Known as “presumptive mediation,” this forum is based on the state court system’s general policy favoring alternative dispute resolution Read More
Read MoreChild custody evaluators serve an important function in New York divorces where children are involved. When parents are unable to reach a consensus, a child custody evaluator can assemble forensic evidence to help the court make an informed decision. The primary objective of a forensic evaluation is to assess the child’s emotional, mental and physical Read More
Read MoreEquitable distribution is the legal framework used to divide property during a divorce in New York. Only property that is deemed marital in nature is subject to division. Generally, marital property includes assets and debts acquired by either spouse or both during the marriage. Separate property consists of assets acquired before the marriage or after Read More
Read MorePeople who divorce usually want to part ways and move on with their lives. However, this freedom is limited when minor children are involved. A custodial parent — the one with whom the child lives primarily — cannot deny the other parent their allowed parenting time with the child. This can be a point of Read More
Read More