The Blog of Ryan S. Besinque, Divorce Attorney. Learn about the NYC divorce process and get answers to commonly asked questions about family law.
When one spouse controls the bank accounts, pays the bills, and makes most of the financial decisions, the other may enter divorce mediation without knowing the full extent of their marital assets or debts. This imbalance can make it difficult to negotiate a fair agreement, but it does not automatically
A divorce can still continue if mediation ends without a signed agreement. Either spouse can file a contested case in New York County Supreme Court, and a judge decides the issues you and your spouse could not resolve. A properly signed partial agreement may still hold, and what you said
In family law and divorce cases within Manhattan, the role of a Guardian Ad Litem (GAL) is pivotal. A GAL is appointed by the court to represent the best interests of those who might not be able to advocate for themselves, typically children or incapacitated adults. Understanding the responsibilities and
A Manhattan divorce mediator does not set the value of your co-op or condo. The mediator helps spouses agree on a value using appraisals, comparable sales, building documents, and structured negotiation. Disagreements can involve separate property claims, the valuation date, or building and lender requirements that affect a proposed buyout.
Determining child custody is one of the most significant aspects of any divorce or separation involving children in New York. Parents, either in agreement or facing a dispute, must understand the different types of custody arrangements. Each arrangement affects the day-to-day responsibilities and long-term decisions regarding the child’s upbringing. Approaching
Spouses in New York can agree to divide retirement accounts through mediation, but a signed agreement alone does not transfer retirement benefits. Employer plans such as 401(k)s and pensions usually require a court-approved Qualified Domestic Relations Order (QDRO) that the plan administrator accepts before benefits can be paid to a
Spousal maintenance in mediation is not based on income alone. New York law gives courts 15 factors to consider when deciding whether to adjust the guideline obligation and how long post-divorce maintenance should last, including income, property, health, earning capacity, insurance costs, and taxes. In mediation, those same factors help
Mediation does not legally end your marriage. You will remain married until the New York County Supreme Court signs the final judgment of divorce. After mediation has ended, the uncontested divorce package must be accurately prepared and filed with the court. This includes the summons with notice or complaint, affirmations
Medical divorce is an informal term for a standard divorce pursued partly because one spouse has major medical or long-term care costs. Divorce can change how income and assets are treated and can alter legal rights tied to the marriage, but it does not automatically create Medicaid eligibility. In New
Court-referred mediation in New York City Family Court is a voluntary, confidential process in which a neutral mediator helps parties work through custody, visitation, parenting schedules, and related issues without asking a judge or referee to decide every disputed point. Both parties must agree to participate, the case must pass
When one spouse controls the bank accounts, pays the bills, and makes most of the financial decisions, the other may enter divorce mediation without knowing the full extent of their marital assets or debts. This imbalance can make it difficult to negotiate a fair agreement, but it does not automatically
A divorce can still continue if mediation ends without a signed agreement. Either spouse can file a contested case in New York County Supreme Court, and a judge decides the issues you and your spouse could not resolve. A properly signed partial agreement may still hold, and what you said
In family law and divorce cases within Manhattan, the role of a Guardian Ad Litem (GAL) is pivotal. A GAL is appointed by the court to represent the best interests of those who might not be able to advocate for themselves, typically children or incapacitated adults. Understanding the responsibilities and
A Manhattan divorce mediator does not set the value of your co-op or condo. The mediator helps spouses agree on a value using appraisals, comparable sales, building documents, and structured negotiation. Disagreements can involve separate property claims, the valuation date, or building and lender requirements that affect a proposed buyout.
Determining child custody is one of the most significant aspects of any divorce or separation involving children in New York. Parents, either in agreement or facing a dispute, must understand the different types of custody arrangements. Each arrangement affects the day-to-day responsibilities and long-term decisions regarding the child’s upbringing. Approaching
Spouses in New York can agree to divide retirement accounts through mediation, but a signed agreement alone does not transfer retirement benefits. Employer plans such as 401(k)s and pensions usually require a court-approved Qualified Domestic Relations Order (QDRO) that the plan administrator accepts before benefits can be paid to a
Spousal maintenance in mediation is not based on income alone. New York law gives courts 15 factors to consider when deciding whether to adjust the guideline obligation and how long post-divorce maintenance should last, including income, property, health, earning capacity, insurance costs, and taxes. In mediation, those same factors help
Mediation does not legally end your marriage. You will remain married until the New York County Supreme Court signs the final judgment of divorce. After mediation has ended, the uncontested divorce package must be accurately prepared and filed with the court. This includes the summons with notice or complaint, affirmations
Medical divorce is an informal term for a standard divorce pursued partly because one spouse has major medical or long-term care costs. Divorce can change how income and assets are treated and can alter legal rights tied to the marriage, but it does not automatically create Medicaid eligibility. In New
Court-referred mediation in New York City Family Court is a voluntary, confidential process in which a neutral mediator helps parties work through custody, visitation, parenting schedules, and related issues without asking a judge or referee to decide every disputed point. Both parties must agree to participate, the case must pass
