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How to Have a Child-Centered Divorce

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No matter how you handle it, divorce is a traumatic experience for your children. But if you put your children’s needs above your own and work together with your spouse to focus on what is in the best interest of your children, you can ease their transition in ways that will have a positive influence on them that will follow them for the rest of their lives.

Where to Start

The first thing for you to do is settle the custody issue. From there, other issues can be resolved, like child support.

Focus on the needs of the children and answer their questions. Children want to know:

  • Where will we live?Child Centered Divorce
  • Will we have to move?
  • Will we need to change schools?
  • What about extra-curricular activities?
  • Will we lose our friends?
  • Will we still see our other parent?

You may not be able to answer all these questions, but you can tell them it’s not their fault and that you both will continue to care for them. Consider that you will be co-parenting these children for the rest of their lives. Their needs will change as they grow, but you and their other parent will always need to work together as you both remain involved in their lives.

We tell our clients, “You are parents of these children, not until the end of the divorce, but for the rest of your life. God willing, you will be grandparents together. You should be able to get along. For the sake of your children, work toward a good relationship.” That is what it means to put your children first.

Mediation and Collaborative Divorce are Child Centered

Mediation and Collaborative Divorce are divorce processes that help to put the children first.  One of the benefits can be to bring in a child-parent coordinator to help you learn how to communicate with your co-parent in positive ways. You learn co-parenting as an evolving process as you learn to work together in the best interest of your small children and as they grow through middle-school, high-school, college, and become parents themselves.

Parenting is a long journey. Your children will need you even when they are adults. It is important for you to build a relationship with your co-parent that always focuses on the best interests of the children, no matter how old they are.

Contact Family Law Attorneys at Rosenthal & Markowitz, LLP

For answers to your questions about how to have a child-centered divorce, or questions about the divorce process, contact our family law attorneys at Rosenthal & Markowitz, LLP. You can reach us online or by calling 914.347.1292.

 

 

 

Divorce Questions – Am I Entitled to Child Support and Spousal Support?

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Almost every divorce client will ask whether they will be entitled to child support or spousal support. These are two separate questions and New York law deals with them separately.

Child Support
Divorce-Child Support

New York state has guidelines that establish how much money is required for child support. Child support depends on the family income. In addition, child support is statutorily required to include mandatory “add-ons”, such as childcare and unreimbursed medical costs. 

If your income is over a certain amount, child support is determined outside of the guidelines and depends on many different factors. 

Spousal Support

The factors that the court will consider when determining if a spouse is eligible for spousal support are:

  • What is the family income prior to the divorce?
  • Did one spouse stay home to raise the children, while the other one was employed? If so, spousal support will be ordered to help the person who stayed at home get back into the workforce.
  • The length of the marriage. The duration of the marriage determines the duration of the spousal support that is ordered.

In general, spousal support is ordered on an individual basis. The court will look at individual factors and decide if a spouse is entitled to spousal support and if so, what will be the duration of that support.

How Mediation or Collaborative Divorce Assist in Child and Spousal Support Decisions

During either mediation or the collaborative process, the spouses can come up with their own plan for child support and spousal support. The couple can focus on the needs of the other party in addition to their own needs and come to an agreement that works for them both and that they both feel is equitable.

Contact Rosenthal & Markowitz, LLP for More Information

For answers to your questions about child support and spousal support, or for any question concerning your divorce or the divorce process in general, contact our family law attorneys at Rosenthal & Markowitz, LLP. You can reach us at 914.347.1292.

Divorce Questions: How Long Does It Take to Get a Divorce in New York?

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One question almost all divorce clients ask is, “How long will this take?” In New York, there are procedural legal requirements that must be followed that cannot be changed. In addition, how fast the couple themselves come to a settlement agreement influences the length of time it takes to obtain a final divorce order.

Generally, if all goes well, it takes a minimum of one year to a year-and-a-half from the filing of the summons to the date the court signs the final order for divorce.

New York Legal Requirements:
  • There is a residency requirement. In most cases, one of the parties must have resided in New York for at least one year prior to the commencement of the divorce proceedings. There may be an applicable exception.
  • Time for response. If the defendant was served with the summons for divorce within New York state, he or she has 20 days to file a response after receiving the summons. If served outside the state of New York, the party has 30 days to file a response to the summons for divorce.
  • A settlement agreement must be filed with the court. All issues must be settled between the spouses and a settlement agreement filed with the court.
  • The court has 60 days to sign the final judgement of divorce. The clock starts running with the court on the day the settlement agreement is filed, and the court has 60 days from that date to sign the final order of divorce.
Time for Preparing a Settlement Agreement

Often times a couple will say they have resolved all issues in their case and are ready to present their settlement agreement to the court.  However, when the attorneys review the case with the couple, they often find there are loose ends and more issues to be settled.

Divorce in New York

Generally, Mediation and Collaborative Divorce can move the case along faster since a team encourages and assists the couple with coming to settlement terms. A divorce case moves along as fast as the slowest person’s desires.

A Litigated Divorce Will Take Longer

When the couple needs court intervention to resolve their issues, and the case goes to trial, it takes longer. The attorneys can file a Request for Judicial Intervention (RJI) when the process is not moving along as it should. They are bound to comply with the court schedule and obtain court hearing dates.

Contact Rosenthal & Markowitz, LLP

For assistance in moving your case along, and for finalizing your divorce as expeditiously as possible, contact our family law attorneys at Rosenthal & Markowitz, LLP. You can reach us online or by calling 914.347.1292.

 

 

Who Needs an Estate Plan?

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estate planningThere is an easy answer to the question, “Who needs an estate plan?” That answer is “everyone.” You may think you do not have enough assets to make it worth your time to draft a will, but there is more to estate planning than just writing a will.

Documents Involved in Estate Planning

There are many documents that might be part of an estate plan. Some of these are:

  • Will. A Will is a document in which you direct how you want your assets to be distributed after you die. You can be very specific about particular items of property and about who will be the beneficiary. For example, you can name a person you want to receive your house or your car. You can direct that the beneficiary get the property outright, or that the property be held in a trust which means distribution will be restricted. You can also name someone who you do not want to inherit anything. However, a Will must be signed in a very particular way, and it is not valid unless correctly signed.
  • Power of Attorney. In this document you name someone to be your agent, and you give your agent authority to manage your financial affairs. Picking the agent and the types of authorities requires discussion (not just a form you download from the internet). A power of attorney must also be signed in a very particular way, and it is not valid unless correctly signed.
  • A Living Will. This document provides you the opportunity of establishing exactly what type of care you want, and do not want, if you cannot express yourself or you are not competent. It can cover testing, treatment, artificial nutrition, hydration and respiration. It can cover your wishes about resuscitation, hospitalization, etc.
  •  A healthcare proxy. In your health care proxy, you designate someone you trust to make healthcare decisions for you if you are unable to make them for yourself.
  •  Various types of trusts. Each type of trust serves a different purpose. For example, while you are alive you may want to gift assets to reduce your estate taxes, or because you want to take care of someone else. Your intended beneficiary might be a minor or a person who is not competent, or is a person who might have creditor or matrimonial issues. Or you might need to consider using a trust when doing estate planning to create trusts after you die. Or you might need to consider using a trust to avoid probate.

If you die without the documents which implement your estate plan, your assets will be distributed according to New York State law. The NYS law does not know you, or who is important to you, or whether your favorite people have capacity to manage their assets. NYS law makes no provisions for your best friend, or your favorite charities, or trusts for your adult children who are not quite ready to manage their own assets.

You can, and should, be making your own decisions about your health care and the disposition of your property during your lifetime and after your death.

Contact Estate Planning Attorneys at Rosenthal & Markowitz, LLP
For answers to your questions about estate planning, contact our will, trusts, and estate attorneys at Rosenthal & Markowitz, LLP. You can reach us online or by calling 914.347.1292.

The Importance of Good Communication with Your Divorce Attorney

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When you are going through a divorce, there is a lot of information you need to share with your divorce attorney. You also need to strike a balance between sharing all relevant information and not communicating unnecessarily, since every email, phone call, and text message can increase the cost of the divorce.

Communicating with Your Divorce Lawyer

It is important for you to understand from your very first visit that anything they tell your attorney is confidential. The information will not and cannot be divulged to anyone else.

communication with attorney

This is an important concept since the attorney needs to know everything so there are no surprises from the opposition. Almost every divorce has some difficult issue, something that the client may not realize is important or is simply reluctant to share the information.

For example, maybe you have had trouble with your income tax return or haven’t filed for a few years. You need to share that information with your attorney so your attorney can deal with it. The issue will come up and it will reflect poorly on you if your attorney is blind-sided with the information during, or shortly before, a court hearing.

How Often and How Should I Contact My Attorney?

How often you contact your attorney depends on where you are in the case. At the beginning of the process, when you are focusing on things like a statement of net worth, you will communicate more often. As the case is winding down and near the final order of dissolution, there will be fewer things to discuss.

The most efficient way to communicate is by email, text, or phone. If you receive a communication from your attorney, respond quickly. Do not go “missing in action.” Your attorney needs to hear from you to move the case along.

Learning to Communicate with Your Soon-to-Be Ex-Spouse

At the beginning of the process, in some cases, your attorney acts as a go-between between you and your spouse. As the case nears the finish line, your attorney will encourage you to learn how to talk to your soon-to-be ex-spouse. That way, you do not run up future legal bills. Besides, your attorney will not be in your life forever and you need to learn how to speak with your ex without the conversation taking a negative turn.  

For answers about communicating with soon to be ex and with your divorce attorney, or other questions you may have about the divorce process, contact us at Rosenthal & Markowitz, LLP. You may also call us at 914.347.1292.

How to Communicate With Your Spouse During the Divorce

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Going through the divorce process is stressful. Often, the breakdown in communication is one cause of the divorce. Even those who thought their communication was good during the marriage have trouble communicating with their spouse during their divorce.

Emotions run high. One spouse may be angry and blame the other for the divorce. There is generally heartbreak and disappointment over the failed marriage.

If this describes you and children are involved, you need to learn how to communicate. You will be with your ex-spouse for your life as you co-parent your children. You will both want to attend graduations, weddings, and other family events.

How to Communicate During the Divorce

If you are in the process of divorce, there are some ways to communicate with your soon-to-be ex-spouse that can reduce your stress.

Establish boundaries. The boundaries you set depend upon your unique communication issues. Some suggestions are:

Communicate with your spouse
  • Never, ever talk about your divorce issues in front of your children. Children suffer enough and often think they are the cause of the divorce. Be careful not to talk about it in front of them.
  • Determine the best communication process for you, whether email, text, or telephone. Be careful what you put in writing. It is all discoverable and can come back to haunt you if you have said something rude, disparaging, or controversial and wish you could take it back.
  • Limit the number of phone calls or messages if your spouse tends to contact you several times a day for non-emergency or non-urgent reasons.

Focus only on the issues. If you need to discuss finances, what is best for the children, and any other issue related to the divorce, do not stray into other volatile issues. It is easy to get an argument started and to say things like, “You always…” “You never…” Do not do that. Keep focused.

Keep it professional. Do not shout. Do not incite an argument. Do not be verbally abusive. Do not retaliate. Do your best to foster an environment conducive to open and respectful communication.

Consider using a mediator. If your attempts to communicate are still difficult and feel non-productive, it may be time for you to use a mediator who will provide you with the guidance you need to help you communicate respectfully.

Contact Rosenthal & Markowitz, LLP

For assistance in communicating with your spouse during the divorce process, or for mediation services that can help, contact our family law attorneys at Rosenthal & Markowitz, LLP. You can reach us online or by calling 914.347.1292.

Robbin E. Sweeney becomes Co-Chair of Westchester Women’s Bar Real property Committee

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We are pleased to announce that Robbin E. Sweeney has joined Allyson Lanahan, of Lanahan Law, LLC and Anne R. Aicher, of Hollis Laidlaw & Simon, as Co-Chairs of the Real Property Committee of the Westchester Women’s Bar Association.

Robbin’s concentration includes the purchase and sale of residential real estate, estate and trust planning, and estate administration and settlement. Her clients are located throughout Westchester, Queens, the Bronx, New York, Kings, Putnam, Orange, Rockland, Dutchess, and Sullivan Counties. She has over 35 years’ experience in real estate, commencing as a real estate agent and working  for Merrill Lynch Mortgage Corporation before becoming an attorney in 1987.  Her clients range from first-time home buyers who appreciate her ability to supply emotional support with her legal expertise, to seasoned and high-end buyers and sellers, to sellers who are at the down-sizing stage of life.  Her legal experience, combined with her Masters in Mental Health Counseling and certification as a Professional Coach, have honed Robbin’s calm, focused, solution-oriented and organized approach. Robbin works hard to create an attorney-client relationship which also gives her clients practical guidance, support and confidence needed during one of life’s typically most-stressful transitions.

Allyson, Anne and Robbin are looking forward to the coming 2020-2021 year, commencing with the first Real Property Committee Meeting scheduled on September 15, 2020 at 1:00 PM.  Although the pandemic has created challenges for many of us, both personally and professionally, they hope that the continuation of the Zoom meeting format, whether for all meetings or in part, will increase the ability of their real estate colleagues to participate in future meetings with ease and obtain the benefits intended by membership. They are pleased to announce that the first meeting will be presented by WWBA member, Jean Partridge, Chief Counsel and Managing Member of Benchmark Title.  Jean will be focusing on many of the overlooked or misunderstood title issues that, whether representing a buyer or seller or conducting a residential or commercial transaction, attorneys should be prepared for.  Jean will be answering questions too.

Women & Wealth Webinar, Friday, May 15, 2020 at 12 noon

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Women and Wealth Webinar

Join Rienas & Brown Wealth Management for An Inspiring Presentation Created for Women, Friday, May 15, 2020 at 12 PM, Via Webex

Topics include:

  • Estate Planning from Linda Markowitz, Esq.
  • Daily Money Management from Ilene Amiel, Personal Affairs Administrators Inc.

Please see call details below and feel free to invite any friends, family members or colleagues you think might be interested.
This event is available through WebEx videoconferencing as well as phone dial in.

On Friday, May 15, 2020 at 12 noon, join the Webex meeting here:

Join by phone

Join from a video system or application