MEDIATION CAN MOVE A POTENTIAL CONTESTED DIVORCE INTO AN UNCONTESTED DIVORCE

By Robyn D. Weisman, Esq. October 30, 2024

What is Contested Divorce?

If the couple cannot agree on issues such as the division of property and debts, is there going to be spousal support, or child custody or parenting time, you have a contested divorce. A case gets filed in court wherein a divorce action will be started. The Court will schedule conferences and other appearances and discovery which are necessary to help you resolve the case. This all leads to settlement or trial. This is usually a lengthy and very costly process involving paying two attorneys, possible financial professionals, possible psychological professionals.

In short, there are more court filings and more court appearances in a contested divorce and typically attorneys are handling a lot of communication and negotiation between them. All of this drives up costs. A contested divorce usually takes at least several months if not years.

What is an Uncontested Divorce?

If the couple can potentially agree on issues such as the division of property and debts, is there going to be spousal support, or child custody or parenting time, you have an uncontested divorce. Once you have agreed on all these matters, a settlement agreement will be entered into and will be submitted and signed with the divorce paperwork if you are divorcing, or a Separation Agreement will be executed for a legal separation. This is usually a much shorter and less costly process.

Mediation Can Change a Potential Contested Divorce to an Uncontested Divorce

Although mediation is optimal and will save you time and money if started prior to an uncontested divorce, if you have a contested divorce started, you can still switch to mediation. Unless the judge orders you to do so, you and your spouse must agree to the mediation. The attorneys can just inform the Court that you will be using mediation services and you can either have your attorneys assist in the mediation or you can do it on your own with the mediator.

You can also ask your attorney to raise the possibility of mediation with your spouse’s attorney, if that is mainly the way you have been communicating with your spouse. While it is possible to switch to mediation at any time before trial, you stand to gain the most by doing so as early as possible.

If you are considering divorce, we can assist you with all the different aspects of that process through mediation.

Robyn D. Weisman, Esq., Attorney, Mediator, Collaborative Lawyer, Director of Divorce Mediation & Family Services of New York, Ltd. 1-800-WE MEDIATE serving Long Island and all of New York City, New York visit our website at www.divorcemediationandfamilyservices.com

 

 What is Co-Parenting?

Posted on August 5, 2024 by Robyn D. Weisman, Esq.

www.divorcemediationandfamilyservices.com

Divorce Mediation & Family Services of New York 631-465-2140 with offices across NYC and Long Island


Way back when, when I first started practicing family law and handled divorce cases, the norm for parenting arrangements following a divorce looked very similar in each case. One parent, usually the mother, would have sole custody while the other parent would have “visitation” with the children on alternating weekends and most often one day a week. (I dislike that word “visitation” so much when it comes to your own children; no one should be “visiting” their children for parenting time) This has held true very often in family court when it is left to a judge to decide on the hundreds of cases on his or her own desk. It is much easier to apply a general pattern than to actually sit down and think about the family individually and come up with a plan that would work to the needs of that family.

With the failure to take into account the individual needs of the family, the above arrangement, very often, placed a huge burden for the custodial parent who would have to the day to day parenting responsibility, while at the same time the non-custodial parent became the fun parent whose time with the children was weekend play.

Thanks to mediators in the court setting and private mediators who work with the couple to determine the individual needs of the families, the old model is not necessarily the norm, and more and more often divorcing parents are coming up with co-parenting arrangements. We are now drafting parenting plans that are tailored to meet the unique needs of individual families, many with two working parents and heavily scheduled children. In the past several years we are seeing an increase in both parents playing more active roles in their children’s daily lives, which may include coaching and attending sports, school functions and conferences, and in a variety of children’s activities.

So how do you make a co-parenting agreement work?

Consistency and Predictability: Both parents should be expected to be there on time and when they say they are going to be there. The other parent and the children are relying on the fact that the parent will be there. However, also be flexible should an unforeseen circumstance arise or maybe a work conflict comes up.

Communication: It is so important that parents can and do communicate with each other. Communication is not only limited to when and where the children have to be, but also any school issues, emotional issues and concerns the children may have. Work with each other to handle and resolve the issues together.

Location: If you are planning to co-parent you should be geographically close to one another. Physical presence is key to a co-parenting arrangement.

Involvement: Both parents need to be present for meetings, appointments, and special events. If you can be there for doctor’s appointments, recitals, plays, games, conferences and any event which may be important to your child.

Encouragement: Each parent should encourage the relationship between the child and the other parent. Each parent should also encourage the presence of the other parent at the children’s events, conferences and appointments. Also make sure the presence of both parents is a non-stressful one for the children without arguments between the parents. Save them if you must for a time out of the children’s presence.

Share Responsibility: Now with co-parenting comes responsibility. Both parents become a part of the daily routines of their children, including homework, filling out forms and permission slips, scheduling and attending doctor appointments, keeping a calendar with activities, setting up play dates and preparing school lunches.

A healthy divorce includes a healthy family and your children will gain the greatest benefit from your efforts as co-parents.


Disclaimer: The information obtained at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. We invite you to contact us and welcome your calls, letters and electronic mail. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established.

 

What Happens to our Retirement after a Divorce?

By Robyn D. Weisman, Esq. on March 19, 2024

Divorce Mediation & Family Services of New York

In planning for your divorce, a look at the retirement accounts will typically show that these funds represent a good portion of a couple’s assets and savings. These can be in the form of 401K plans, IRAs, Thrift Savings Annuities and retirement pension plans. Division of these funds can be crucial to balancing a couple’s assets. Some may want to evaluate to plan a buy-out of the parties other personal and real property. For this, an actuary or pension evaluator is a key asset in determining the value of one’s pension, since it is not defined. Your divorce mediator on Long Island or divorce attorney can help in locating a pension evaluator to have the plan evaluated. At Divorce Mediation & Family Services we work with an efficient and effective pension evaluator to assist us in this process.

If a pension, 401K, Thrift Savings Annuity and the like (not an IRA), needs to be divided in some manner a Qualified Domestic Relations Order or QDRO is necessary to effectuate this. The QDRO is a document which instructs the plan administrator of the retirement plan on how to assign a portion of the funds to the spouse or “alternate payee”. The plan administrator approves the document before it is presented to the Court by the Long Island divorce attorney. With the QDRO, transfers can be made at the appropriate time without any penalties. In New York, and on Long Island especially, the Courts do not sign off on this until a divorce is being finalized. It is important that the divorce mediatior or divorce attorney is knowledgeable about the QDRO execution and procedures so that the divorce Agreement, Separation Agreement or Stipulation is drafted properly to include how the retirement plans will be distributed in a separation or divorce scenario. Divorce Mediation & Family Services of New York has divorce mediators and attorneys experienced in retirement settleements and drafting the QDROs for the divorcing couple.

Divorce Mediation & Family Services of New York

Your premiere New York City and Long Island Divorce Mediation firm

631-465-2140

Difficult Conversation of Divorce or Separation and How to Have Them

The Difficult Conversations of Divorce or Separation and How to Have Them

By Robyn D. Weisman, Esq., January 30, 2024

  
                                               



In making the decision to divorce or separate a person or couple together had the courage to face a harsh reality and take the leap towards what may be a healthier life for the family. Sometimes learning from our mistakes will make us stronger. We can become more aware of who we are and what we need to do to improve our lives. Sometimes we live in a situation of enduring daily stress and freeing ourselves can also open up a space for us to be better parents, children, friends, and co-workers.

It’s hard enough coming to terms with an ending marriage but the thought of telling our children, parents, friends, and even people at work, can be so difficult and even scary.

When is the best time to do it? How do we approach it? Who should be present?

* Telling our children.

Inevitably we feel guilty about disrupting our children’s stable lives and dread how their lives will be changed by divorce or separation.

We ask ourselves whether it’s best to wait until the children go to college to separate. However, research shows that even college-age children may be just as vulnerable as the younger ones.

It is best to tell children when you know yourself what the plan is. I like to tell my clients, let’s get a plan in place first as to parenting time and arrangements before we discuss the prospect of separating. Your children are going to have as many questions as you had when you entered the process and possibly more pointed ones. In mediation, we like to wait until we have developed a parenting plan or if the children are older, a future plan.

The important part of this discussion is to ensure the children that they are loved and will always be taken care of. That the parents will work together as parents in creating two homes for the children. Get the children involved in creating their new homes and spaces.

 
*Telling our parents.

Although we are adults and have been in our own homes for many years, we may feel concerned about disappointing our parents by admitting that our marriage is breaking up. Remember it is not a failure to end a marriage! They may be more understanding than you think. Don’t be afraid to ask for support.

*Telling our friends.

Other couples with whom we shared dinners, vacations, activities, and events with our children are sometimes the hardest people to confront with the breakup. Remember again, this is not a failure when you decide to end a marriage. It may be thought of as a new beginning. You may no longer be interacting with these friends or couples in the same way and fear you may lose some and/or be judged by them.

Going through a mediated divorce or separation gives you an edge in this regard because it keeps a couple, although separating, it keeps them communicating. Communication is the key to any relationship, including communicating with your friends. Your friends will be less likely to feel they have to take sides if they see you are working together to create your new lives.

 
*Telling people at work.

Work colleagues may know very little about your personal lives. Every situation is different, sometimes you are close with your colleagues, sometimes they are distant colleagues. Assess your situation and never be embarrassed by your personal life.

If you are considering divorce, we can assist you with all the different aspects of that process through mediation, including how to have those difficult conversations. And if available your therapist is there to help as well!


Robyn D. Weisman, Esq., Attorney, Mediator, Collaborative Lawyer, Director of Divorce Mediation & Family Services of New York, Ltd. 1-800-WE MEDIATE serving Long Island and all of New York City, New York visit our website at www.divorcemediationandfamilyservices.com

Fall Parenting Guide when Separating or Divorcing

 

A Beginner’s Parenting Guide to Separation and Divorce with Children

By Robyn D. Weisman, Esq., Founder Divorce Mediation & Family Services of New York

Summer has ended and the school year has begun, parents who are contemplating divorce or separation often worry about the impact on children in the future and how best to make decisions for their future.  Who shall have custody of the children? Where will they live and go to school? How will they do? Am I just going to be a weekend parent? How do we have equal time with the children? These are common worries and fears couples bring to mediation.  The first step is to know what the lingo is when talking about children in the context of separation and divorce. There is a whole new vocabulary you should be aware of before you set out on the process.

What is Custody? When we use the word custody we are actually talking about two separate issues – legal custody and physical or residential custody.

    Residential Custody: Refers to where the children will be living. Every child needs a place to list on his or her school records or medical records. What is that address? Physical or Residential Custodial Parent: Who is going to maintain the home where the children will live most of the time. Whose residence will be listed on those school records and medical records. This is usually the parent we refer to as the custodial parent for child support purposes.

    Legal Custody: This generally refers solely to the decision making authority regarding important decisions for the children, such as healthcare, education, and general welfare. This is where joint and sole custody comes into play.

    Joint Legal Custody: This is the term used where both parents have agreed to make major decisions for the children together. This is the best case scenario for the children as long as the parents can work as a team for the sake of the children. Can you put aside your differences when it comes to the children?

    Sole Legal Custody: When parents cannot maintain a team approach for decision making for the children, one parent is given the authority to make major decisions. This is usually the residential custodial parent. The other parent, however, who does not have legal custody will be required to be kept informed and be consulted regarding all issues involving the children.

What is this “Visitation” we hear of? Is there a requirement one parent should have visitation only alternating weekends?

Absolutely not!! I first off, never use the word “visitation”. No parent should ever be visiting their child or children. Parenting Time is the schedule created for a family to make optimal use of the families time together and apart. A parenting time schedule should be made for when children are with each parent, including a schedule for weekdays, weekends, holidays, and vacations. Ideally, your parenting time should allow for flexibility but also provide for a specific routine your children and yourselves. As your children grow, their needs and activities will change, and so may your jobs and these schedules need to be flexible enough to accommodate those changes.

A Parenting Agreement will include all of the terms that are necessary and important to the family. These are some of the items which may go into your parenting agreement along with the varying custody arrangements and holiday and parenting time schedules.

    § Which parent will pick up and drop off the children

    § Education and religious concerns and upbringing

    § How will the parents be advised on school and after school activities, including who will attend school conferences and events and functions.

    § How they parents handle family functions that take place during year, including birthday parties, graduation parties, bar and bat mitzvahs or communions, and the like.

    § Notification to parents and others if they are travelling outside of the United States with the children, and if so, are any restrictions to foreign travel. Who is responsible for the passports.

    § Communication with the parent who does not have parenting time, how and when should this occur?

    § Relocation issues and guidance should a parent want to relocate

    § Any parenting issues including restrictions regarding substance and alcohol use of the parents, friends or neighbors who will be around the children; any other restrictions the parents have agreed upon (for instance, a family member who cannot babysit the children).

The beauty about mediation is that you may as a couple and partners as parents tailor a Parenting Plan which meets your family’s needs. Remember it is no longer only the best interests of the children that are important, but the interests of the family!

Disclaimer:  The information obtained at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. We invite you to contact us and welcome your calls, letters and electronic mail. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established.

 

Divorce Mediation: The Dollars and “Sense” of it

Robyn D. Weisman, Esq. Posted on August 3, 2023

 

                                           

There is no question that ending a marriage is difficult. What happens to your children, if there are children, is probably at the top of your list of concerns. Just as you made choices in deciding to end your relationship you are now faced with a whole set of choices about your children, your retirement, your “things” and your pets.

Life is about choices. Each party must make choices about how to respond. With all of these choices and decisions, the last thing you need is to throw thousands of dollars into attorney fees for a divorce where these decisions may be made by you with the help of a mediator.

Mediation v. Litigation. Litigation is the standard response when discussing divorce but the cost, delay, and distraction of full-blown litigation make other alternatives worth examining seriously in in your decision to divorce. As an attorney who used to litigate divorce and as a consultant mediator in Family Court, I have seen myriads of cases where families are torn apart or couples are spending their hard-earned money on months and sometimes years of court appearances and litigation on issues they really don’t even care about. In most cases it is preferable to avoid litigation and seek mediation to resolve your conflicts.

The benefits of mediation are most dramatic when compared to long drawn out process of litigation.

Benefits:

· Divorce mediation helps preserve a relationship with your spouse and reduces the tension for the sake of your children. If there are children, remember you are parents forever.

· Typically, you will be more satisfied by having arrived at your own “solutions” to the problems as opposed to having a judge make the decisions for you.

· Mediation is significantly less expensive than a litigated divorce.

· If the case goes to court, the cost may be three to five times as high — or more.

· Mediated divorce cases typically take considerably less time than a litigated divorce- typically months maybe even years shorter.

· Clients are given the control to determine the schedule instead of relying on a schedule chosen by the attorneys and the very back-logged court system. This makes divorce mediation much faster than  litigation.

· Creative problem solving instead of settling for the “norm”. Whereas in Court time constraints don’t allow for the time needed to arrive at creative or “different” solutions to meet the needs of each family, mediation allows for parties to arrive at what works for them and test agreements to see how they work. Parties can then make changes after seeing how these agreements work in practice. You make the decisions you can live with.

· Divorce mediation is confidential and private. Clients discuss the important issues in the privacy and comfort of the mediator’s office. 

Don’t pay a fortune to make decisions in crowded courthouse hallway, the Courtroom or less desirable location. Don’t pay a fortune to have decisions be forced upon you when you can and will make your own decisions in mediation.

 
Clients always have the choice to litigate if mediation is unsuccessful. At least you didn’t start by emptying your bank account to begin the process. 

Consider all of these factors when you’re deciding between litigation and mediation. Call your mediator now to find out more.

Contact Divorce Mediation & Family Services of New York for more information Serving Long Island and the Five Boroughs  www.divorcemediationandfamilyservices.com

631-465-2140 or contact robyn.weisman@yahoo.com

Disclaimer: The information obtained at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. We invite you to contact us and welcome your calls, letters and electronic mail. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established.

Is Divorce Mediation Right For You?

 

IS MEDIATION RIGHT FOR YOU?

Posted by Robyn D. Weisman, Esq. on April 27, 2023


                                              


Divorce Mediation is a kinder, gentler way to enter into a divorce or separation. It is much less expensive, much more amicable and much quicker than a traditional courtroom battle which is becoming less the norm.

But is it right for you?

When it comes to families with children, family law over the years has changed significantly. Both parents are more inclined to play an active role in their children’s lives. In mediation we encourage parents to develop “parenting plans” that meet the needs of the children and the parents, allowing both parents to spend a substantial amount of time with their kids. Co-parenting plans focus on the children and their needs and take away the “custody” battle. Although divorce is an end to the marital relationship, the parental and family relationship continues. Mediation is designed to promote communication and therefore can help families establish their new- post-divorce relationship and life.

Because mediation is a less contentious process than a courtroom divorce, couples without young children find their way into mediation as the process focuses on negotiation. The division of the property and assets with the help of a neutral third-party helps to develop an amicable resolution and one that meets the concerns of the parties. A mediator is required to be a neutral party and works with the couple for the good of both parties.

Mediators address the following: equitable distribution of assets and debts, spousal maintenance (alimony), health insurance, and parenting plans.

Is mediation right for you? 

Unless there are issues of protective orders or spousal abuse mediation is the better alternative. Even with those issues now that video-conferencing is an option parties can feel safe in their own environment

 
* Mediation reduces conflict between the parties and can even improve their relationship. 

* It saves time and money and provides the couple with the opportunity to independently reach agreement.

 
* Mediation generally offers a more cost efficient and time efficient means of resolving divorce disputes.

 
* Now with the addition of zoom and video-conferencing mediation is especially well-suited as an effective alternative to litigation because it can be done while maintaining social distancing and more convenient times and locations.

* Having an attorney who is a trained mediator is an added benefit as your legal rights will be protected and the legal paperwork can be accomplished.

  
* Communication with the assistance of a trained mediator and between parties can lead to a mediated conclusion that is beneficial to all involved.

Robyn D. Weisman, Esq., Attorney, Mediator, Collaborative Lawyer, Director of Divorce Mediation & Family Services of New York, Ltd. Serving all boroughs of New York City and Long Island 631-465-2140 

robyn.weisman@yahoo.com, www.divorcemediationandfamilyservices.com

Disclaimer: The information obtained at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. We invite you to contact us and welcome your calls, letters and electronic mail. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established.