Extensive Expertise In Mediation
Divorce Guru Alan Finkel is able to handle ALL of your divorce needs, whether it be mediation, divorce or custody related.
Welcome To The Law Offices Of Alan L. Finkel
Divorce Process in New York
Clients Are Like Family
Divorce is an extremely difficult, highly stressful time, full of emotional upheaval and confusion for both of the spouses who are involved and their children. Taking the time to become familiar with the divorce process and its terms before you contact a divorce attorney in New York is the best path to reducing your stress and preparing yourself to move on from your marriage as easily as possible.
I’ve been a stay-at-home parent for years. How will I pay for my living expenses while my divorce is pending?
Pendente lite is a phrase that means during litigation. In New York, pendente lite is temporary spousal maintenance paid by the spouse with the higher income while the two of you are still negotiating or litigating the terms of future long-term spousal maintenance. Luckily, the courts have set specific guidelines for how spousal maintenance is to be calculated in the state of New York, based upon the length of the marriage. It may not be as simple as just entering the incomes of the parties into a computer program, but it is not completely unpredictable. It is important for both parties to understand that in a legal setting, the term temporary does not necessarily mean that it will stop. All it really means is that once the temporary period ends, the party who is receiving the maintenance will have to take it upon himself or herself to prove to the judge that spousal maintenance needs to continue. If you believe that you will need long-term spousal maintenance payments, you should be working with a divorce attorney in New York.
Can I Stay On My Husband’s (Or Wife’s) Health Insurance?
Not with a divorce, only with a legal separation. Unless you are looking to get remarried, a legal separation likely is a wiser choice, especially if staying on a family health insurance policy is an issue.
We all know that the medical system in New York can be incredibly expensive or make you subject to inferior medical care. Most of the families who live in Suffolk County are working-class families. Their incomes vary between $80,000 or so to $250,000 per household, for a household of four. That usually means husband and wife working. Money is always an issue. Suffolk County is extremely expensive to live in. It is about 90% as expensive to live in Suffolk as it is in Nassau according to Newsday.
The incidence of divorce in Suffolk County is higher than any county in New York State. The isolation created in the era of COVID, couples…Read More
Why Hire Attorney Alan Finkel The Divorce Guru?
Alan Finkel just started the Divorceguru concept when the plague of 2020 hit. Litigating throughout his 35 year career, the necessity to waste countless hours travelling to and from Court proceedings, the endless wait for justice (sometimes up to 3 hours for a 15 minute conference with the judge)………….gone………….forever!
In the age of Covid, the chief judge of the State of New York has issued dozens of memos since March 2020 when the entire Court system shut its doors for over 8 weeks, that all future proceedings would accommodate and protect the public by making a virtual Courtroom a reality.
Since March 22, 2020, I haven’t been inside a Courtroom………….physically……………but I have participated in many Court conferences, either via video or telephone. The typical Court appearance for a normal monthly conference now takes between 15 – 45 minutes…………all productive time spent, leading to much lower billing. That is one of the components that allows us to generate high quality detailed divorce cases for as little as $7,500, with a high of $15,000 and mediation options for as little as $3,500.
All our mediations are conducted virtually. The couple starts off with a 30 minute consultation; we each get to decide if the fit is right. I also have the choice of rejecting a couple if the dynamic isn’t mediation worthy. Likewise the couple.
Then, when you are ready to proceed we schedule 3 future sessions, and the likelihood is better than 75% no additional sessions will be needed. Most couples who qualify for mediation are amenable to working things out, not spending countless hours litigating minutia, and willing to listen to reason………from the Divorceguru.
Give me 3 hours and $3,500, and I will get you divorced! I know it’s an incredible statement, but it is true, and has been that way for the last 10 years or so.
Do I Need To File For Custody In Court?
Certainly not before talking to your spouse in a really hard conversation.
Then, not until you try to mediate it.
The court system is the last thing you want to engage when issues of your children arise. As parents, work it out. Don’t let someone in a black robe make decisions for you. Don’t force your children to be examined by a lawyer appointed for them by the Court. Don’t take whatever bit of civility there might exist between you and your spouse and ruin even that.
Unless emergency circumstances force you to get your children back (parental kidnapping), there is rarely an occasion that you should allow a judge to made decisions about anything connected to YOUR children.
Any judge, regardless of whether it’s in Supreme Court (the only Court empowered to grant divorces, but also handles everything a…Read More
How To Find Us
5036 Jericho Turnpike, Suite 208 Second Floor, Commack, NY 11725
Contact Me Today
(To Schedule Your Initial Complimentary 30 Minutes)
Three Unique Packages
Mediation (that's right, a tremendous value *PLUS $380 Court Costs) While the total cost can vary, the majority of the couples that we see can get a divorce or legal separation for a flat fee of $3,500 (plus court costs), which includes three sessions with a mediator and our guidance and expertise throughout the entire process.
* This retainer amount does not necessarily represent the total fee which may accrue for the services provided. We will do our utmost not to exceed the retainer amount, however, there is no guaranty.
Frequently Asked Questions
A: If you do not have any qualms with paying to see a doctor when you become ill, despite the cost, you should not have any qualms about going to see an experienced divorce attorney in Commack, NY when you need a divorce. Your matrimonial attorney can help you negotiate with your spouse and put the issues of your divorce on your own terms instead of having the fate of you and your children decided by a judge.
By law, you are allowed to represent yourself in your divorce case, but it is not the way to go because will not end up with everything that you are entitled to. Representing yourself in your divorce is not worth the risk. You will be grateful that you invested in an experienced Commack, NY divorce attorney. If you are facing a divorce and don’t know where to turn, contact the compassionate attorney and staff at The Law Offices of Alan L. Finkel today. Put our attorney’s decades of experience to work for you.
A: New York is not a community property state; your assets will most likely not be divided in half. Instead, the court will have the goal of making things fair to both parties using the equitable distribution of your marital property. All of this property, which includes any pensions, retirement accounts, and any other benefits, is subject to being divided in any way that the court finds fit.
If you and your spouse happen to have very accumulated similar retirement or employment benefits, then there is a possibility that the family law judge will decide to just award each of you your own financial accounts. However, if there is a glaring disparity in income or employment benefits, the judge may instead divide your property in a way that is meant to even out that inequality. When you are deciding on how to divide all of the assets you’ve worked to earn in Commack, New York, you must speak with a skilled matrimonial attorney.
A: Family law in New York does not require any minimum waiting period before a divorce can be finalized. However, this in no way guarantees that your divorce will be handled in a short period of time. While an uncontested divorces may be completed in as little as three months, if any of the issues, such as child custody, are contested, even working with an experienced Commack, NY custody lawyer, a trial may be required, which could drag on in court for over a year.
As far as how much money you could potentially pay for your divorce, the cost completely depends on how many issues you and your spouse were able to agree upon when dividing your finances and custody of your children. The average total cost of a divorce in California is about $17,100, including fees paid to your Commack, NY divorce attorney.
A: A very common mistake people make when involved in a separation is speaking to too many people about their situation. For most people, nearly everyone they know has been to through a divorce or knows someone who has. If you begin to advertise the fact that you are getting a divorce, you will open yourself up to various horror stories and loads of unqualified and potentially harmful legal advice. This is always a mistake, which could end up with you committing legal errors that will have consequences for years to come.
It is also important, if you have children, to continue to encourage those children to foster a positive relationship with their other parent during your separation. If your divorce case ends up being litigated at some point, the judge will not look kindly upon behavior that drives a wedge between and child and a parent. Do not withhold time with the child or speak badly to the child about the other parent.
A: Contrary to what you may have heard from various divorce horror stories, your spouse cannot simply take everything from you in a divorce. It is common to hear divorced people complain about losing everything, but those statements are generally exaggerated and one-sided. No court is going to award all of a couple’s property to one party; the court must follow certain considerations when it is deciding who will keep what property.
Before considerations are taken, the couple’s property must be classified to determine which items are eligible for property division. This process will involve the court determining whether or not each asset was owned by one spouse prior to the date of marriage or by both spouses after the marriage took place. This will determine whether the asset is marital property or separate property. Most property that was owned before the marriage will not be subject to division. Property acquired after the marriage is subject.
Once all the property is classified, the court must apply a list of equitable factors in order to determine how to fairly divide the assets. Equitable distribution of property must take into consideration both spouse’s contributions to the marriage, which can include homemaking and childcare activities as well as monetary contributions.
A: A divorce case can be resolved in a matter of a few months, or it could take years. It is nearly impossible to predict exactly how long a particular divorce case will take, unless the parties choose to come together, negotiate the issues, and settle the case without any need for litigation. The amount of time you will spend completing your divorce case, as with any type of litigation, depends upon many different factors in each case, some of which will be out of the control of the parties or their attorneys. In many divorce cases, it makes a lot more sense for everyone involved for the parties to create their own settlement agreement, even if they are each slightly unhappy with some of the issues, rather than spend many thousands of dollars litigating the case. There is no guarantee that taking the case to trial will end up in a more favorable position than litigating would. In fact, it is likely that you will be even more unhappy with the judge’s decisions than you would be with negotiating, since the judge is only concerned with what appears to be fair and does not know your situation personally. Divorce courts in New York are concerned with equity, not equality.
A: Divorce litigation is the most formal of all the methods of dispute resolution. This legal process involves presenting the issues of your divorce case to a family court judge in order to resolve them when you and your spouse cannot agree. Most couples will only choose litigation if they absolutely cannot reach an agreement on the issues, even using other dispute resolution processes, such as mediation. While many divorces end up involving litigation at some point, it is far from the only way to settle a divorce. If possible, it makes sense for the parties to try to avoid taking their divorce into court because of the associated costs. Not only are there court costs, but attorney’s fees are usually increased for litigation as well. Going to court can also be more stressful and upsetting to the parties and their children.