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 MoreCouples ending their marriage are usually well-advised to compromise and strike a fair deal to expedite the process, so that both parties can move on with their lives. However, some people treat divorce like a war, seemingly convinced that blaming the other spouse is the way to achieve a material benefit. Such behavior makes for Read More
Read MoreAmong the most challenging issues in divorce cases can be how to divide the spouses’ marital property between them. New York follows the rule of equitable distribution, which means all marital assets must be divided fairly, though not necessarily equally. Division becomes problematic when a spouse intentionally or recklessly spends, damages, destroys or disposes of Read More
Read MoreWhen you get divorced, your final settlement or judgment will control how your property will be divided. Retirement accounts such as 401(k)s are significant assets for many couples, and they are subject to division as well. But dividing a 401(k) comes with its share of complexities. First, be aware that New York law applies the Read More
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