One of the things that needs to be decided in a divorce is how you’re going to divide up what you own together, and one of the biggest assets that couples usually own is their home. There are several choices as to what happens to the house (or condo or co-op): You can sell the house and divide the proceeds. You can continue to own the house together, even if one person stays there. You can buy out your spouse’s … read more »
“I hear you.” Listening is a very simple act. It’s a subtle act. It is something that we do naturally with the people we love, and when things are going smoothly. Yet one of the most powerful statements that we can ever make is to say honestly, “I hear you. I recognize what you’re going through.” What is listening? Being open to hearing not only the words the speaker is saying, but also to her tone of voice, to read … read more »
New York City is a notoriously expensive place to live. Its housing market can create unique opportunities and challenges for couples who are getting divorced. This may come up when a couple is living in an apartment that is rented below market rate — the spouse who is moving out will have to pay a much higher rent and therefore might need more cash to meet the monthly budget. It is always a challenge to stretch a budget over … read more »
The media often portray divorce with ex-spouses lawyered up as courtroom adversaries — the same folks who once pledged to hold each other through better or worse now as mortal enemies fighting over the turf of their children’s hearts and minds. Going through a divorce can be a challenging, trying process. The reality is that divorce is usually much more complicated and nuanced. Most clients I see are sad and confused and grieving and tender and thoughtful and hurt … read more »
New York’s highest court, the New York State Court of Appeals, made a long overdue and unquestionably important decision last month—that a de facto parent who is not a biological or adoptive parent has standing to petition for custody and visitation. This comes up in the context of same-sex relationships where one parent is related to the child biologically, where the parents have raised the children together but are not married. The issue is whether, if they break up, the … read more »
Divorce is a long process of transforming your family from one unit into two. There are actually several kinds of separation occurring during this process. The first stage is the emotional separation. One or both of you may feel detached, alone or disconnected – for some reason, the unit is no longer functioning the way you had hoped or expected that it would. The feeling of “living together alone” may be real at this point. Then there is the physical … read more »
I was recently quoted in the New York Times in an article about couples – particularly those with children – who continue to live near each other after they get divorced. While living near your ex is not for everyone, it can have its advantages. For instance, When the children forget something at the other parent’s home, it is no big deal to go get it. Parents don’t have to worry about pick up and drop offs. The children can go … read more »
Just published an article in Family Affaires to help you think about your money during divorce. Money can be a big stressor in a marriage, and is often one of the greatest sources of anxiety during a divorce, whether you are mediating, litigating or doing a collaborative process. These tips can help you get a handle on them so you know what you are working with! Here’s to a productive and fruitful 2016!
Last week, Governor Cuomo signed a bill that will soon overhaul the way spousal support is established for divorcing couples in New York State. The portions of the bill that deal with temporary spousal support will take effect on October 25, 2015, and the rest will take effect on January 23, 2016. This law establishes a standard for how permanent spousal maintenance is determined – before, maintenance was purely up to a judge’s discretion, and awards were inconsistent. A 2010 … read more »
One of the biggest decisions that needs to be made in a divorce is how you will divide up your assets. Here is a link to an article I wrote recently about this topic, entitled “Equitable Distribution 101.” This might be helpful whether you are using mediation, collaborative process, or using traditional lawyers.