While every divorce is different in some ways, those that go through mediation will generally go through these basic phases. Introduction In this phase, you provide the mediator background information about your relationship, and the mediator provides an overview for what you can expect out of the mediation process. Based on the information provided by each spouse, the mediator will…
As you go through the divorce process, you will likely encounter a number of legal terms you might not have heard before. Here are a few examples of some common divorce terms of which you should be aware: Alternative Dispute Resolution (ADR): ADR refers to any type of out-of-court process for settling a divorce. Examples include mediation, arbitration, negotiation and…
In the early phases of your divorce, you’ll need to take stock of all the assets you own so you can assist the court in developing a fair plan for the distribution of your marital assets. There are some items that are obvious — your home, your vehicles, all your credit cards and accounts and all the possessions you have.…
When spouses who were married in India seek a divorce in the United States, they may be worried that their lack of a formal marriage record will be an impediment. While India has a Registrar of Marriages and now requires registration, couples wed in religious ceremonies are considered legally married even if the union was not formalized with the government.…
Divorce is difficult enough even when the couple is generally able to communicate and get along during the process. When one spouse displays textbook narcissistic behaviors, however, it becomes far more challenging to get through the process. It’s important to note that narcissism is far more than self-absorption. It is an actual personality disorder, and the behaviors exhibited run a…
If you are considering filing for both bankruptcy and divorce, it’s important to carefully consider the timing of these filings. As a general rule, bankruptcy will take precedence over a divorce. If you file for bankruptcy while going through a divorce, there’s a chance it could delay the distribution of your marital assets and debts until the bankruptcy process is…
People come from around the world take advantage of what the New York metropolitan area has to offer. Newcomers add to the richness of life in Long Island and elsewhere by bringing their culture and traditions. However, immigrants might not understand that in the United States, laws apply equally to everyone regardless of faith or cultural background. This can be…
When a person earns sales commissions during the divorce process, how will those commissions be treated? Are they or are they not marital property? The general rule is that if the sales commission occurs before the marriage is officially over, it can still be classified as marital property, even if the divorce process is ongoing. However, some sales commissions do…
If you’ve spent any time investigating the possibility of a divorce, you are probably well aware that it is not cheap. Even an uncontested divorce can result in thousands of dollars of legal fees. This is just one of the many reasons why it is in the best interests of both you and your spouse to be as reasonable and…
If you were recently told by your former spouse that they are moving away with your children to a place that will be tougher for you to visit regularly, you might be wondering what your rights are as a parent and if you have any recourse to prevent the move or change your custody arrangements. This is fairly common, as…