Let’s Work Out This Divorce Together Here, I hope to outline some of your options if you are considering divorce. Mediation: Mediation is a voluntary process where you meet with a neutral party to try and work out all the various issues involved in your divorce including but not limited to: division of assets and debts, spousal support known as maintenance in NY, and child support and custody issues if you children. Your Mediator is there to educate and teach you about divorce law and the way the Courts typically administer these laws. It is up to you and your spouse to communicate and comprom ..read more

Budgets are a Great Tool in Divorce Mediation in NYC A major reason divorce is so stressful is the fear of the unknown.  It is natural for you to be worried about your future living arrangement and meeting your expenses. In most divorces, you will be transitioning from one household to two separate households.  This means more expenses to be paid from the same combined income of both parties, which can be a challenge.  For example, let’s say you and your spouse earn a total of $125,000 per year.  Currently, you are paying a rent of $2,500 per month or $30,000 per year.  ..read more

The benefits of mediation are great and well-known: saving money, getting the divorce done quicker, avoiding court and the legal fees and stress that go with it, and the peace that comes with amicably resolving your divorce rather than engaging in a nasty divorce battle. However, divorce mediation is not easy. Many couples begin the process and give up because of some disagreements or frustration. Here are some tips from our experience that will help you to successfully navigate the mediation process and experience the benefits that mediation offers. You can remember these items by the followi ..read more

Often, one of the main assets acquired during the marriage is real estate, whether a house, condo, or coop.  What to do with the marital residence is often a major concern and question that clients have to deal with during divorce.  You have a few options on how to handle the marital residence. Sell the House and Split the Proceeds One obvious option is to sell the property and to divide the net proceeds.  This is often the best way to unlock equity in the property so both you and your spouse have funds available to establish a new residence and some savings as you likely transi ..read more

In January of 2016, a new alimony law went into effect in New York State, which drastically changed the way that Courts handle post-divorce spousal support, referred to as “maintenance” in New York.  The new law is something that you should be aware of if you are currently separated, going through a divorce, or considering divorce.  The courts and divorce judges used to have wide discretion in setting an award of maintenance.  However, the new statute ushers in a new methodology for determining post-divorce maintenance, in which the courts now will calculate a guideline amount o ..read more

Basic child support is a weekly or monthly obligation from the non-custodial parent to the custodial parent.  This means that the parent who has the children in his or her care more than 50% of the time (the custodial parent) will receive child support from the other parent.  This basic child support obligation, as discussed in the most recent prior blog entry, is meant to compensate the custodial parent for food, clothing, and shelter.  The truth is that the custodial parent can spend this money how he or she sees fit.  There are no hard and fast rules but the lawmakers in ..read more

In New York State, the courts are very strict about the manner in which to calculate child support. They utilize the Child Support Standards Act (CSSA) formula to determine child support. The court can always decide to vary from the guidelines but, in practicality, most courts apply them unless there are special circumstances at play.  In divorce mediation, however, you have the freedom to go with the CSSA formula or to vary from the guidelines based on your specific situation. This article will discuss, on a simple level, how basic child support is calculated in New York Courts ..read more

Mediation is not therapy. Therapy, or more specifically, psychotherapy, is a treatment of someone’s mental or emotional issues by talking with a professional. Through talking, the client learns about her own feelings, moods, thoughts, and behaviors. This can be insightful and lead to behavior modification a better sense of well-being. Family Mediation also involves a lot of talking. When couples come to see one of our mediators at Divorce Mediation Advisors LLC, there is a lot of talking – the mediator talks and listens to both parties and both parties talk to each other and listen to each oth ..read more

Often times, people contact Divorce Mediation Advisors and they have not spoken to their spouse about family mediation. Or the person has spoken to their spouse about mediation but the couple has not decided on whether or not to pursue this avenue.  It is great that one party sees the value of the family mediation process and that they are gathering information and educating themselves on the process. It is a great first step. I am always happy to speak with anyone about the mediation process and how it can assist people to resolve family and divorce issues out of court. However, in order ..read more

Some couples do not have any children, very little property to divide, and have pretty much already decided the terms of their divorce. They just want the paperwork filed to make it happen and get it done. Divorce Mediation is a great tool that these types of couples can utilize to get a quick and simple divorce! For Couples that have Decided the Terms of their Divorce: In divorce mediation, you can sit down with your mediator and let him or her know exactly what you guys have decided on. The mediator will make sure that both parties understand the agreement and have addressed all the issues t ..read more