Remote Conflict Resolution During COVID-19 Crisis
As courthouses close and conflict resolution specialists are compelled to work from home amidst this awful international health care crisis, spouses are NOT left without possible avenues to productively and expeditiously settle their domestic relations struggles.Read More
Collaboration Isn’t Always “Kumbaya Around the Campfire”
While open communications and overall fair dealing are actually manifested in most Collaborative Divorces, it would be misleading to conclude that everyone is a proverbial “happy camper” around the negotiation table.Read More
The Evolution from “Custody and Visitation” to “Parenting Plans”
No longer is the norm a win/lose proposition of superiority of one parent over the other when determining time spent with children and the primary power to decide issues involving them.Read More
The Agreement is Everything
Because the enforceable provisions of a written Agreement survive and endure, it is vital that draftsmanship of an Agreement be clear, concise, and comprehensive all at the same time.Read More
Lawyers in Mediation . . . Thumbs Up or Down ?
Whether clients should retain their own independent lawyers during mediation is an important assessment when selecting the appropriate professional to mediate a resolution of family conflicts.Read More
The Quagmire of (Q)DROs
Even though retirement plans are oftentimes the most significant assets in a marriage, language in a valid Agreement is not sufficient alone to accomplish the tax-free transfer of retirement assets from one spouse to the other.Read More
“Temporary” and “Post-Divorce” Maintenance: Formulas . . . or Not ?
Collaborative Law and mediation provide wide latitude in what spouses can voluntarily agree to in their settlement documents about the amount and duration of maintenance. Have 2010’s “temporary” and “post-divorce” laws about maintenance created too hard-and-fast formulas?Read More
Is No-Fault Divorce Law Really Without Fault?
When the New York legislature enacted the 50th “no-fault divorce” law in the U.S. during 2010, it was heralded by the media as a long-overdue victory for residents of our state. But alas, laws are not always what they appear to be at first blush.Read More
Beneficiary Designations Trump Settlement Agreements
Although decisions of the United States Supreme Court are not always relevant to Collaborative Law, mediation and domestic relations matters in New York, the Justices recently granted a unanimous decision in Hillman v. Maretta that affects divorce clients nationwide.Read More