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The Law Offices of Alan L. Finkel.

Let’s Talk Further About Mediation And See How It Lines Up With Some Of The Goals That We Originally Discussed. How is This The Best Process For Children And The Future Relationship You See Between Co-Parents.

When you’re involved in the mediation process, you’re self-directing the outcome. The two of you are making all the decisions, and you’re not letting a judge decide for you. You’re getting the guidance, experience, and education from a skilled experience mediator, allowing you to make educated decisions. The litigation forum is typically designed for couples who have passed the critical mass stage where their relationship has deteriorated to the point that there’s no turning back and talking to each other. It’s essential to understand that the outcome will likely be pretty much the same no matter avenue you take.

Suffolk County and many other counties in New York State encourage court-appointed mediators to sit with couples and try to get their cases resolved and avoid litigation. The methodology they’re employing, which is having the lawyers in the room with the couple, is, in my humble opinion, a mistake. I think that allows too much posturing and the lawyers have their incentive of cranking their hourly fee, continuing to bill until there’s no money left, and then amazingly, the case is settled.

Are There Ways To Legally Protect Oneself Financially Before They Divorce? What Are Some Steps That You Would Suggest To Your Clients Should Take?

When you talk about financially protecting yourself, the only real way a couple can protect their assets is by filing for a divorce. Once a divorce is filed, it acts as a cut-off date so that anything acquired after that will not be subject to dispersal. You pay the court a $210 fee, and everything acquired after that filing date, (with some exceptions), will be treated as the separate property of the party acquiring it. You cannot avoid the sharing of those things that have been acquired during the marriage. When you talk about protecting, there’s really no such thing, short of being fraudulent. If you think that you will be able to get away with it in this age of computerization, you’re sorely mistaken. Once the judge sees that you’re a liar, you will be a liar for everything and will be treated with the worst possible lack of respect by the court. Especially if you have kids involved, you don’t want to play games with that. You want to be upfront, bite the bullet, and move on.

For more information on Divorce In New York, a complimentary 30-minute zoom consultation is your next best step. Get the information and legal answers you are seeking by calling (631) 462-3100 today.

Alan Finkel

Contact Us Today (631) 462-3100
(30 Minute Complimentary Zoom Consultation)
“individual or as a couple”