Mediation

A Manhattan Divorce Mediation Lawyer Talks About Mediating or Litigating Your Divorce in NY

One of the most common questions I get asked by potential clients is if they should mediate or litigate their divorce.  Both options provide a different path to divorce and what is right for one person may not be right for the next person.  The point is to have a thorough understanding of what your divorce goals are and which option will drive those goals.  As a Manhattan divorce mediation lawyer with years of experience assisting couples divorce, I am equipped to guide my clients on the best option for them. 

 

 

What is Divorce Mediation?

 

Divorce Mediation is a divorce process that allows divorcing couples to resolve issues related to child custody and support, and other divorce matters with the assistance of a neutral third-party mediator. Some of the advantages of divorce mediation are that it is usually quicker than litigation, more cost-effective, more collaborative, and less stressful.

 

What is Divorce Litigation? 

 

Divorce litigation involves the court process, and a judge has the control to make decisions impacting your divorce.  This process can be more adversarial, stressful, and costlier than mediation, and sometimes it can also turn into a lengthy divorce. 

 

If your goal is to have a quick divorce and low-stress divorce, then it would be best to avoid litigation.   However, at times litigation is necessary when you have an uncooperative spouse who refuses to come to an agreement on divorce matters.

 

A Couple of Factors to Consider Before Deciding if Mediation or Litigation is Right for You

 

Do you have a good relationship with your spouse?  If you do, then you may be able to mediate your divorce.  On the other hand, if it is challenging to communicate with your spouse, then litigation may be more ideal.

 

What is involved in your divorce?  Consider factors such as children, multiple assets, splitting up a family business, and other complicated matters.  If you have many things that need to be sorted out during your divorce, litigation may be required to handle complex matters, however, in some instances collaborative divorce is an available option.

 

Do you want a quick divorce?  If one of your primary goals is to get out of the marriage as soon as possible so you can move on with your life, then you may want to consider mediation.

 

Are your finances tight?  A lengthy divorce in court can drag on for months or years and the longer it takes, the more expensive it will be to divorce.  If your finances are tight and you want a more cost-effective option for divorce, then divorce mediation may be worth exploring.

 

Are you and your spouse willing to compromise?  If the answer is no, then you may consider litigation, although you can attempt to seek the assistance of a Manhattan mediation attorney first to see if they can intervene and assist with coming to agreements on difficult aspects.  If a New York mediation lawyer can help with compromising, you may be able to forego litigation.

 

Still Confused About Which Option is Right for You?

 

Consult with Sabra Law Group today to speak to a Manhattan divorce mediation lawyer and understand the impact of each option and get your questions answered about the divorce process in New York.  Call Sabra Law Group today at (646) 472-7971.

 

 

 

 

 

 

 

Evaluating Assets During a High Net Worth Divorce in Manhattan NY

High Net Worth Divorce in Manhattan NY

 

Any item that has a monetary value whether it is tangible or intangible is considered an asset. A couple who is divorcing has the option to cash in their assets by selling them. They can also withdraw funds from an account or cash out insurance.

 

Some Examples of Assets and a High Net Worth Divorce Include:

 

Real Estate: real estate can include properties such as a home, land, or even a commercial investment property.

 

Savings and Checking Accounts: cash that is stored in bank accounts and safe deposit boxes.

 

401K and Retirement Plans: Annuities, stocks, bonds, and life insurance are also examples of assets.

 

Personal Property: personal property refers to everything that is owned by the couple that is not real estate. This may include family heirlooms, furniture, artwork, appliances, jewelry, cars, trucks, boats, and recreational vehicles, and pets too.

 

What is the Valuation and Division of Assets?

 

Divorcing couples should make sure that they have a clear understanding of what belongs to them personally and what is considered community property. Divorcing couples are required to make a list of all their assets and when it is a high net worth divorce, the assets can actually be quite complex. Therefore, it is imperative to be very detailed and not forget to list any of the assets.

 

There may be multiple retirement accounts, real estate properties, savings accounts, and assets that are held in not-so-common places. Which may include NFTs, expensive art, high-fashion collections, yachts, investments, and jewelry.

 

Get Your Assets Documentation in Order and Consult an Expert Who Can Assist with Valuation

 

Gathering all this documentation and information may not be a quick and easy task. Not everyone has all these assets in order; if that's the case it's going to take a little bit of commitment to gather all these documents and put them into an orderly fashion. If you have to go to court the court will require them, and even your divorce mediator will need this information to help you with your divorce case.

 

Every single asset needs to be accurately valued and therefore you may need to hire an expert who can help with the valuation of the assets. A lot of things must be taken into consideration, such as consequences of liquidation, transfer and division of those assets, and also transferring or paying out those assets to the spouse when they do get awarded.

 

Need Assistance with Separating Assets for Your High Net Worth Divorce in Manhattan, NY?

 

Contact Sabra Law Group today for a confidential consultation at (646) 472-7971.  Sabra Law Group is experienced in handling high net worth divorce cases in New York City.

 

 

 

 

 

 

 

 

 

 

 

How Divorce Mediation Can Help You Sort Through Child Support Issues in Manhattan

How Divorce Mediation Can Help You Sort Through Child Support Issues in ManhattanIf you are contemplating divorce, the way ahead may not seem clear. Many issues need to be decided, and the most contentious of these may relate to your children.

Mediation is a common-sense alternative to litigation when you are divorcing. One of the reasons why mediation works so well is that it can be used to settle even the most complicated matters, such as child support issues.

Divorce Mediation Works for Families

When a separating couple cannot agree on settlement terms, divorce mediation is a smart method for untangling even the most complex issues.

It's not unusual for couples to be unable to come to an agreement with regard to child support issues. Whether you expect that you will be paying or receiving child support, this remains one of the most hotly-contested questions.

Part of the problem is that no two families look or function in precisely the same way. A workable child support solution that's perfect for one family may be a disaster for another. Unfortunately, if you decide to go to court to settle child support issues, you're likely to end up with a one-size-fits-all solution.

Divorce mediation is your opportunity to create a unique child support arrangement that is ideal for your family's unique situation.

Getting the Facts About Income

Engaging in divorce mediation makes it possible for both sides to get a clearer picture with regard to the earnings of the opposing party. Chances are good that both parties already have rough ideas, but mediation necessitates disclosure of all sources of income so that a more equitable arrangement can be reached.

Even if it ultimately is not possible for a couple to settle child support issues during divorce mediation, going through the process will provide essential evidence that the court can use to make its calculations. In some cases, the mediator is called upon to give a professional opinion about which income should and should not count in child support calculations.

Is It Possible to Agree to No Child Support?

This is a possible outcome, but only if both parties agree that no child support is necessary. If an agreement for no child support cannot be reached in mediation, be prepared for the court to decide this question.

Help with Child Support Issues and More

Contact Sabra Law Group today at (646) 472-7971 to learn more about how beneficial divorce mediation in Manhattan can be.

 

 

 

 

 

 

 

 

 

                                                      

 

 

Learn Why Divorce Mediation May Be the Better Option Than a Litigated Divorce in Manhattan

Is going to court the best way to get divorced? Although dramatic courtroom proceedings frequently are depicted in films, this rarely is the best choice for couples who have decided to go their separate ways.

A litigated divorce tends to be more contentious, and it certainly is more public. Typically, the divorcing couple that chooses to litigate spends more time, money, and stress throughout a painful, prolonged process.

The great news is that there is a better option. Divorce mediation is becoming the default choice for an increasing number of Manhattan couples.

Are you familiar with mediation? Maybe you think there's no way for you and your partner to agree on anything without a judge handing down a decision. However, you'd probably be surprised. Mediation is a tested and proven method for achieving a more amicable dissolution.

Guidance You Need

Divorce mediation in Manhattan can provide essential guidance when you and your spouse can't agree. It's an effective option when complex issues arise because a knowledgeable mediator can offer valuable, innovative solutions that may have worked for other families. It's also possible to tailor solutions to meet your family's unique needs.

Giving Couples More Control

In Manhattan divorce mediation, the major decisions remain in the couple's hands. In a litigated divorce, an overloaded judge will have just a few minutes to make some critical decisions for you. You and your spouse know your situation better than anyone, and mediation gives you an opportunity to compromise on solutions that are healthier for the whole family.

A Faster Process

A litigated divorce requires more time than divorce mediation. There's little to gain by dragging out the process. Choosing mediation gives you a swifter resolution that's probably a lot more workable and realistic for your family.

Save Money

Divorce can be costly, especially if the couple decides to litigate. With multiple filings by each attorney and hours of arguing and reams of correspondence, the bills mount with lightning speed. Divorce mediation saves you money by letting the couples deal with each other via a mediator, which minimizes the need for multiple attorneys.

Contact Sabra Law Group

Do you want to learn more about Manhattan divorce mediation? Contact Sabra Law Group at (646) 472-7971 to learn more about this less confrontational and more cost-effective option.

 

 

 

 

 

 

 

 

                                                      

 

The Marriage rate has been decreasing. Surprised? Blame COVID?

Marriage During COVID-19

According to the CDC (Centers for Disease Control and Prevention), for data compiled for the United States: the marriage rate is 6.1 per 1,000 total population. And there are 2,015,603 marriages with 746,971 divorces (45 reporting States and D.C.). 

Overall, it’s been widely reported that roughly 50 percent of all marriages end in divorce or separation. What’s more, a second marriage increases the likelihood of divorce–at a whopping 60 percent, and 73% of all third marriages result in a divorce. 

In fact, the marriage rate has reportedly been consistently decreasing for many years. Couples have also reportedly been delaying marriage. More recently, COVID can be blamed for much of this…After all, the pandemic has caused extreme financial stress, family stress, and more for countless people across the world. Plus, it’s just more difficult to plan a marriage if you can’t do an in-person wedding or have all your guests attend. It’s just so uncertain in these times whether you’ll get sick or a family member as well. 

As reported in The Hill: “Since the start of the 21st century, the U.S. marriage rate has declined from more than eight marriages per 1,000 down to six marriages per 1,000 population in 2019. … In 2020, the proportion of households consisting of married couples fell to 49 percent.” People have also reportedly been delaying marriage too. 

So, why do married couples split anyways? According to the U.S. Census Bureau, the main reasons for divorce include incompatibility (43%), infidelity (28%), and money issues (22%). “Incompatible” similar to “irreconcilable differences” is a very broad umbrella that can account for a whole host of reasons, such as couples simple falling apart overtime or simply no longer getting along…there may not be a specific reason to pin-point either. It’s just not working anymore. 

“Infidelity” is more straightforward, yet often is difficult to prove. One party may have cheated on the other or both parties may have been unfaithful. While this may have no affect on the outcome of the divorce – giving you or your spouse more, or less, of the assets and/or spousal support – it is a basis for filing for divorce based upon “no fault” or “adultery”.

And “money issues” can run the gamut. A spouse may have been laid off at work and unable to find employment. The couple may have taken on too much debt, such as credit cards or car loans or a mortgage they can no longer afford or student loan debt. A risky business venture investment may have failed. Not to mention, many people come into a marriage already with thousands of dollars in debt. Or the wife may suddenly make a lot more money than the husband and no longer want to split everything. The couple may be suffering, as well, from medical debt from a unforeseen procedure. Plus, when you factor children into the mix, another mouth to feed and clothe and support, the financial strain only increases. Money isn’t the root of all evil, but it is indeed a big factor in many failed marriages. 

Nobody goes into a marriage thinking it will end in divorce. Rather, people in love believe they will defy the statistics.  Still, the numbers don’t lie—divorce is inevitable for many couples. 

But people are still falling in love and planning weddings and marriages, with that, getting divorced too. 

If you’re looking to tie-the-knot (or un-tie it), contact the Sabra Law Group in Manhattan at (646) 472-7971. The firm’s expertise is in all forms of family law, such as alimony, divorce, prenuptial agreements, post-nuptial agreements, child custody battles, child support, domestic violence, and restraining orders. 

 

Manhattan Mediator Explains How to Determine if You Should Get Divorced

Does the tension in your marriage build every day? At night, you toss and turn, trying to decide if it's time to say goodbye.

Getting married was a momentous decision, and deciding to part is at least as critical. Here are some guidelines for how to determine if you should get divorced.

Look for the Warning Signs

Certain signs can tell you if it's time to end your marriage. One of them is the persistent feeling that you'd be better off alone. Perhaps you feel this way because your needs are no longer being met. When you got married, you viewed your relationship as a partnership. Each spouse was dedicated to fulfilling the emotional, physical, and spiritual needs of the other. When you feel that your needs are consistently going unmet, it may be time to seek a divorce.

Are You Staying in the Marriage Only for the Sake of the Children?

If you're looking for more evidence, then ask yourself if you're only staying together for the kids. Many parents fall into this trap, but that's precisely what it is. Staying in a toxic marriage isn't healthy for you or the kids. It's far better to go your own way and lead healthier, separate lives.

Consider Going to Counseling to Repair Your Marriage

What steps have you taken to try to repair your marriage? Many couples try counseling, and this can be successful. It's a good idea to give counseling a shot. Even if things don't work out, at least you'll know you gave it your best. If you've been through counseling and you're still miserable, then it's time to call it quits.
Recognize When it is Time to Leave a Bad Marriage

As a Manhattan mediator can tell you, it's time to leave a marriage when the partnership is seen as the lesser of two evils. Don't stay in a marriage just because you think it's the easier route. Divorce can cause considerable disruption, but it also gives you both the opportunity to build new, happier lives. You can even make choices, like opting for mediation over litigation, that makes the process less acrimonious. 

Divorce Doesn’t Have to Be Negative

When you work with a Manhattan mediator, you'll learn that it is possible to make divorce a more positive process that can settle major issues more efficiently and privately. Couples who choose mediation are able to start creating their new lives sooner than those who choose to go to court.

Speak to a Manhattan Mediator to Determine the Best Route for Your Divorce

If you would like to speak with a Manhattan mediator to learn more about how to determine if you should get divorced, call the Sabra Law Group at (646) 472-7971.

 

 

 

 

 

 

How to Manage Co-Parenting in New York with a Narcissistic Ex-Spouse

Narcissistic Ex-Spouse

Maybe you decided to divorce your spouse because they had quite the personality.  A personality that can be defined as narcissistic.  Narcissistic personalities are very difficult to handle for several reasons.  For one, they only think of themselves and their own needs.

A narcissistic ex usually has an excessive need for attention, and they also lack empathy. 
Depending on the type of narcissist they happen to be, they may be even more challenging to deal with when it comes to co-parenting.  

5 Ways to Manage Co-Parenting in New York with a Narcissistic Ex 

1)    Set Boundaries:  Boundaries are going to be essential when it comes to dealing with a narcissistic ex. Your ex may like to push the boundaries, but it is important to call out unacceptable behavior as it happens.  When you do call out the bad behavior, it is important to speak in a calm but firm tone. 
2)    Focus on the Parenting Plan:  Keep the focus on developing a highly structured parenting plan.  This will be instrumental to having a systematic method to handle co-parenting.  Make sure that parenting schedules, holidays, and vacations are outlined in great detail.  The more detailed the parenting plan is, the less room there will be for misunderstandings and miscommunication. 
3)    Consult a New York Mediator Who Can Help You:  Utilizing a third-party mediator will be a lifesaver when it comes to working out conflict and co-parenting issues that you are not able to come to a resolution on with your ex. 
4)    Stay Calm No Matter What: A challenging, narcissistic ex-spouse will push your buttons, but remember that you have full control over how you react.  Sometimes, they may push your buttons just to irritate you.  When they see that you are not that bothered…they may not try as hard to push your buttons. 
5)    Set the Right Example for Your Children:  If you need to vent about your ex, do not vent to your children.  Some days will be very difficult when it comes to dealing with your ex, but have a friend or family member that you can reach out to when you need someone to talk to about your ex. 

Need Help Managing Co-Parenting with Your Narcissistic Ex-Spouse?

Contact Sabra Law Group today to speak to an experienced mediator who can help you deal with your narcissistic ex and develop a parenting plan that is designed to protect the best interest of your children. Call Sabra today at (646) 472-7971.  

 

 

 

 

 

 

 

Why Keeping Your Divorce Out of Court Can Save You Time and Money 

Out of Court Too frequently, people assume that the only way to complete divorce proceedings is in court. They envision numerous court dates in which all the details of their divorce are argued over and decided.

This perception may prevail in divorces that are relatively amicable and in those that are filled with animosity. However, court proceedings don't have to be the order of the day when a couple is looking to go their separate ways.

Mediation is a much more cost-effective and efficient manner to end a marriage. Contrary to popular belief, it's not necessary to have a judge make critical decisions for your family. You and your former partner have the power to make these decisions, and that tends to lead to better solutions for the entire family.

Through mediation, it's possible to negotiate all facets of your divorce. This even includes the hot-button issues like child custody, child support and alimony. The division of property and assets also can be decided out of court without a judge ever having to make a decree.

When you and your former partner agree to mediate instead of litigate, you are potentially saving yourselves tens of thousands of dollars. This is not only because legal services in courtroom divorce proceedings are expensive but also because court filings and court dates cost money as well.

Moreover, when you litigate a divorce, many of the proceedings happen on the court's schedule. It's probably not surprising to hear that court dockets are pretty crowded, and that judges sometimes take vacations. All of this means that it could be months or even a year or two before the court can get around to hearing your divorce.

It's also worth noting that one court appearance may not be enough to settle the issues in your divorce. This means that you'll have to schedule a later court date. How many months down the road will that be?

When you resolve to keep your divorce out of court, you are making a decision that's healthy and financially responsible for the whole family. Mediation may enable your divorce to be settled within just a few weeks or months and at far less expense than court proceedings. The outcome is that you get to move forward with your new life sooner.

If you want to save time and money by keeping your divorce out of court, then contact the Sabra Law Group at (646) 472-7971.

 

 

 

 

 

Why Divorce Mediation is a Better Option Than Litigation

Manhattan Divorce Mediation Lawyer

 

 

 

 

 

 

 

When contemplating divorce, many people envision themselves enduring contentious courtroom proceedings. While some portions of the divorce process do take place in the courtroom, this does not have to be true for all of the proceedings.

Divorce mediation is a more amicable and creative method for settling disputes in a marriage dissolution, and it has numerous benefits when compared to litigating every issue in the split.

For instance, mediation gives the divorcing couple more control over the proceedings and the outcome of the divorce. Rather than having important decisions dictated by a judge, the couple can work together, with an impartial mediator, to resolve even the thorniest questions in their divorce.

Moreover, the collaborative process of mediation may help the couple to improve their communication skills. Since they may need to continue to work together for some years after their divorce is finalized, this improvement may smooth the way for future interactions. Having learned that they can talk to each other and reach mutually beneficial decisions in a more harmonious and less contentious way, the couple may use the newly acquired communication skills for years to come.

When children are involved, mediation is nearly always a desirable alternative to litigation. Divorce is most painful for kids no matter which method of divorce, so it's in your children’s best interest to resolve the dissolution quickly, amicably and with as little disruption to their lives as possible. Plus, knowing that their parents can work together sets a wonderful example for children and their future relationships.

It's also worth noting that mediation tends to be less expensive than litigation. Filing numerous motions, making court appearances and dealing with all related issues in a contentious battle can mean that legal bills quickly climb. Since divorce mediation helps to avoid the filing of some motions and making court appearances, costs are kept to a minimum.

More couples also are choosing mediation because the proceedings are private. Motions that are filed with the court may become a matter of public record. However, the mediation sessions and the discussions that take place during them are utterly private. While some of the decisions made will result in court filings, the negotiation process and a great deal of sensitive information never needs to be revealed.

If you are interested in knowing more about how divorce mediation is a healthy alternative for every member of the family and how you can get a harmonious divorce, call the Sabra Law Group at (646) 472-7971. The many years and extensive mediation experience makes these legal professionals well-suited to guide you through the process efficiently, painlessly and cost-effectively.

 

How to Reach a Win-Win Resolution in Your Marriage

Win-Win Communication

 

Conflict is a natural part of all human relationships. It's simply unrealistic to assume that you and your partner will always be in perfect accord. 

Moreover, conflict can be incredibly healthy, especially if it is concluded with a win-win resolution. This means settling a conflict can bring the two of you closer together and strengthen your relationship. 

Unfortunately, many relationships are rife with poor conflict resolution. Couples may fight and then hold a grudge for years without ever resolving the situation. Alternatively, they avoid the uncomfortable topic by sweeping it under the rug. Other couples freeze up with conflict, going through the motions of their relationship without feeling anything inside. 

A successful marriage requires the ability to forgive and forget, to move forward while letting the little things go. All of this needs dedication to a win-win resolution in every conflict. This doesn't necessarily mean that both partners get everything they want every time. That is an unrealistic expectation. 

It does mean that both partners maintain a commitment to treating each other with respect and decency. Even in the midst of a conflict, they stay close to each other. They tackle the issue rather than each other. 

By keeping a focus on the problem it's possible to disagree while still remaining connected and engaged. Each partner is committed to solving the problem in a manner that demonstrates how much they love and care for the other partner. One partner's goal isn't for him to "win" at all costs. Instead, both of their goals are for the marriage to win. 

Negotiation is the hallmark of most successful marriages. It requires that each partner do some deep reflection on what's really important to them in any conflict. In other words, what is their goal and why is it so vital to them? Then, these reasons must be articulated to their partner. With this approach, it is possible for both partners to understand and acknowledge the viewpoint of the other. 

Many couples discover that they occupy more common ground than they realized before. This facilitates a healthy and relatively fair negotiation in which both partners get a bit of what they wanted and understand the other better in the process. 

If you would like to learn more about how to achieve a win-win resolution in your marriage or as you work to amicably dissolve it, contact the Sabra Law Group at 646-472-7971.