Call Today: 914-761-9400

Aggressive Attorneys And Litigators Protecting Your Rights

White Plains Divorce Law Blog

Taking the mystery out of the divorce mediation process

To those who have never heard of divorce mediation, the term may sound more frightening than a traditional divorce. We want you to understand that mediation is typically much less stressful (and scary) than litigated divorces.

Divorce mediation is a less formal procedure, it encourages spouses to be forthcoming and it allows couples to brainstorm the terms of their divorce in a safe and casual environment. Doesn't that sound a lot better than making multiple appearances in a courtroom?

Family law: Make sure your prenuptial agreement is valid

Recently in our blog, we discussed the benefits of drafting a postnuptial agreement to address any marital problems New York couples may have. We decided to continue talking about marital agreements by letting our readers know that not all prenuptial agreements are valid.

Family law attorneys often notice glaring mistakes a couple may make in a prenuptial agreement. These mistakes often occur because the couple created the document without legal guidance. As a result, many do-it-yourself prenuptial agreements are invalid. We have provided several examples below.

  • Oral agreement: For a prenup to be legally binding it must be in writing and it must include each party's signature.
  • Grossly unfair: Family law courts may rule that your prenuptial agreement is invalid if it is extremely unbalanced in terms of asset division.
  • Improper personal information: If a prenuptial agreement contains false information or does not contain complete information, it may be invalidated.
  • Coercion: If one party pressured the other party into signing the prenup, it is likely not a valid document.

Returning to work after divorce: The technology hurdle

For many people who have to return to work after they get divorced, one of the biggest hurdles they have to overcome is learning how to use technology that has changed while they were out of the workforce.

One woman said this was her biggest fear by far as she looked for a new job. She had stopped working during the marriage, opting to be a stay-at-home mom. While that is certainly work in its own right, she did not have to use technology that became common in the workplace. She spent eight years at home before getting divorced and going out to get a job again.

Three common questions divorcing parents ask about child custody

When you first found out that you and your spouse will be divorcing, one of your first concerns may have been over child custody. Parents who are beginning the divorce process often have many questions about child custody. Parents often want to better understand what custody is, who determines what custody option is appropriate and how that decision is made. If you are a parent beginning the divorce process, understanding the answers of questions like these can help you be more informed as you face decisions regarding the custody of your own child.

What is the difference between legal and physical custody?

Postnuptial agreements can be valuable tools for married couples

Most people entering into marriage do not consider prenuptial agreements. That's in part because being in love overrules caution in many cases. Since no one expects to get a divorce when they are preparing to marry, why bother with a prenup? Unfortunately, divorces do occur, even when couples are deeply in love at the time of their wedding.

In our New York family law practice, many married couples have asked us for advice about dealing with marital problems before they lead to divorce. One of our top recommendations is that these couples consider creating a postnuptial agreement. We are not saying these agreements prevent divorces, but they can help couples address sensitive issues.

The state can help you find work if you can't pay support

Finding and keeping steady work in New York can be a challenge. When you have children to support, it hurts everyone when you cannot get a job. Going a step further, when parents tasked with paying child support are unemployed, the damage runs even deeper.

  • The custodial spouse must pick up the slack financially.
  • Children may have to go without necessities.
  • The noncustodial spouse may face severe consequences.

Ordinary child custody and support matters already cause conflict between divorcing parents. When the inability to pay support becomes a problem, this conflict may increase and begin to affect the children. For the out-of-work noncustodial parent, finding a job is the only answer. Fortunately, the state can help by directing parents toward resources that can help them find work.

Does divorce typically start with just one spouse?

You've heard plenty of stories about couples who sat down together, decided they both wanted to get divorced, and then went through an amicable divorce together. They both wanted to split up, and they worked together to make it happen.

As you start thinking about divorce, you assume your spouse must feel the same way. You keep waiting for a chance to talk about it together, or you keep thinking he or she should bring it up. Why doesn't it happen?

Busting divorce mediation myths for New York residents

In certain situations, the technology-rich world of today offers "information" that you might not need. Divorce is one of the situations in which too much information can hurt instead of help. If it were possible to know whether what you learn has a factual foundation, such information could be valuable. Unfortunately, myth often rules in cases of divorce, meaning couples tend to trust inaccurate information.

Divorce mediation has been an option for many years. However, in the minds of divorcing couples, it is a relatively new way to end a marriage. Instead of believing the many myths you may hear about mediation, take steps to make certain the information is true. The following information will bust three of these myths so that you can consider divorce mediation with an informed focus.

  1. The mediator will favor someone of the same gender: Divorce mediators receive special training so that they can avoid taking sides regardless of the spouses' gender and other factors.
  2. Only lawyers and judges make good mediators: While there are many benefits legal professionals bring to the process of divorce mediation (such as thorough knowledge of New York divorce law), some skilled mediators have no legal background.
  3. Divorce mediation is a terrible idea for couples with valuable assets: The value of your marital property does not play a role in whether a couple is a good candidate for mediation. A couple's ability to work together toward a goal of divorcing as smoothly as possible is a much more important eligibility factor.

Here's the biggest contributing factor to gray divorce

A gray divorce is a divorce that happens late in life, usually around retirement age. This is the point where many people assume they've "made it" and that the marriage will last, but this type of divorce is actually on the rise. Since 1990, for instance, the rate of gray divorce has doubled.

Many people assume that life changes and transitions are the biggest reasons that this happens. The kids move out and two adults who have been unhappy for decades finally admit it to each other. People have different financial ideas about retirement and split up to pursue their own dreams. These types of things.

What are some tips for successful divorce mediation?

Those who have the luxury of advance notice of an impending divorce have time to research all of the available options in New York. However, there are other times when divorce enters the picture in a sudden or abrupt manner. In either of these two scenarios, divorce mediation is a way for couples to end a marriage as respectfully as possible.

To those who are interested in this manner of divorce, the following tips can help you achieve success in your efforts to end your relationship through mediation.

Email Us For A Response

Contact Us

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

White Plains Office
200 East Post Road
White Plains, New York 10601

Phone: 914-761-9400
Fax: 914-761-0747
White Plains Law Office Map

Roseland Office
145 Eagle Rock Avenue
Roseland, New Jersey 07068

Map & Directions