Creativity is King for professional practices in today’s virtual world. For the legal profession, including divorce and family law attorneys and mediators, out of court settlement is essentially the only game in town, unless the client has what the New York courts consider to be an emergency. Most divorce cases that do not involve serious domestic violence are not considered to be emergencies. Out of court settlements include collaborative divorces, divorce mediations, and kitchen table divorces, in which the couple negotiates their own deal and a lawyer drafts the settlement agreement. Once the agreement is drafted and fine-tuned, either by teleconference (Zoom), email or telephone, then the final agreement can be notarized remotely. In New York State at this time, remote notarization via teleconference is legal. And, remote processes like remote notarization enable important things, like the signing of binding legal documents, to get done. Negotiations via Zoom are rapidly … Read More...

The Law and Mediation Practice of Arnold D. Cribari can help you resolve domestic relations and family law disputes during these difficult times, throughout New York State. This challenging coronavirus crisis is an opportunity for each of us to be creative, adapt to the circumstances, and do our work in different ways in order to move forward, resolve problems, and avoid spreading the virus. Divorcing couples with my assistance can remotely resolve their issues in the comfort of their homes. We have video-conferencing services available through the use of Zoom. By utilizing technologically advanced methods to work with people remotely, I can help people throughout the State of New York resolve their divorce and family law disputes. For those who are unfamiliar with teleconferencing technology, we can help you become at ease with it very quickly. This can be a productive time for divorcing couples to resolve their issues while … Read More...

The Coronavirus is impacting all aspects of life, including divorces in New York State. Why is that? On March 13th and 15th, 2020, the New York State Unified Court System issued Memoranda (explained below) rightfully minimizing court appearances and suspending trials in civil cases – including divorces – in order to keep the Coronavirus from spreading. As a result, this is an ideal time to make an out of court divorce settlement. This can be accomplished as follows: 1. Divorce mediation, in which the only participants are the divorcing couple and a neutral divorce mediator (three people). 2. Collaborative divorce, in which the only participants are often limited to the divorcing couple and each spouse’s collaborative divorce lawyer (four people). Divorce mediators and collaborative divorce lawyers have training and experience that can optimize your chances of obtaining a fair and reasonable divorce settlement. And, at the same time, by attending … Read More...

Many of my blogs and other writings on the subject of divorce recommend refraining from filing the divorce in Court and, instead, utilizing divorce mediation or the collaborative divorce process to negotiate an out of court divorce settlement.  This is because absent extraordinary circumstances necessitating early Court intervention, negotiating a settlement without going to Court can save the couple tons of money and minimize conflict and stress. The following case study provides a good example of when it is advisable to file the divorce in Court right away. One spouse is making substantial withdrawals from bank/investment accounts, borrowing substantial sums of money and/or spending money excessively for non-marital purposes.  Such a non-marital purpose could be spending money on a paramour. If you happen to be married to such a spouse, you can protect yourself financially and prevent marital assets from being depleted by having your divorce attorney file a Summons … Read More...

Sometimes, even the most ethical New York divorce lawyer is confronted with a case, the circumstances of which are such that there is no good option for the client, except to litigate.   This occurs when the other spouse is lying, unwilling to disclose their assets or income, and/or is guilty of domestic violence of serious abuse. Mediation or a collaborative divorce are generally not viable options under such circumstances.   The “discovery process” can be challenging in a litigated divorce.   What is discovery? Discovery in a New York litigated divorce is basically a pre-trial process in which each party’s counsel, in compliance with Article 31 of the CPLR (New York State’s procedural rules of law in civil cases), can obtain financial documents from the other party using discovery mechanisms (provided by law) such as interrogatories, requests for production of documents, requests for admissions and also depositions. Many times, … Read More...

Most us of who get married don’t plan for our future divorce, and are not motivated to save our financial records for more than a few years. Unfortunately, the Equitable Distribution Law of the State of New York and certain policies of banks and financial institutions, provide good reasons for married people to save their financial records from day one. The first step in applying New York’s Equitable Distribution Statute, is to determine whether an asset is a marital asset or a separate property asset.  In essence, a separate property asset is an asset acquired prior to the marriage, or as a result of receiving an inheritance or gift from a third party.  Other assets are marital assets, regardless of how title is held.   When the Divorce Court divides property, separate property is retained by the owner, and marital property is equitably divided between the parties.   New York … Read More...

This is a sequel to my e-newsletter and blog last month about how to avoid a bad divorce, which can be as destructive as a car crash with serious injuries. Much of the following is “preventative medicine” to save a marriage before it becomes a troubled one. Every marriage needs a balance of “togetherness” and “separateness.” That balance is different for every couple. And it may differ for the same couple during different phases of the marriage. Part of the ongoing work of marriage (yes – marriage takes work) is negotiating and renegotiating the balance that is right for the two of you. Let’s say that you and your spouse have widely divergent interests. If this is the case – first of all – don’t think of this as a problem! Many people make the mistake of being jealous of the time their spouse spends on interests or hobbies. Now … Read More...

It may seem a bit crazy for a divorce lawyer and mediator to write about ways to save a marriage. I got the idea from an owner of an auto body shop who would speak at business networking groups about how to avoid motor vehicle accidents. A bad divorce is like a car crash. Much harm and expense can result from both, except if a car crash does not result in serious physical injury, it may be better than a divorce. Why?  Because there is usually insurance to pay much of the expenses, whereas there is no insurance to defray the cost of a divorce. The auto body guy and I are both idealistic and very consumer-oriented. We both know the world would be a better place if there were fewer car accidents and more saved marriages. Those are worthwhile goals even if it means that we both make less … Read More...

  COLLABORATIVE DIVORCE    LITIGATION DIVORCE The couple controls the process and make final decisions. Judge controls the process and makes final decisions. The process is affordable: costs are limited. The process is much more expensive. There can be unforeseen expenses, such as post-judgement litigation and appeals.  The couple determines the timing of events in a collaborative divorce.  Timing of events is dictated by the Judge.  The couple chooses and retains experts and specialists who can guide them in achieving MUTUALLY beneficial solutions.  Specialists and experts may be chosen and retained separately and therefore couple encounters higher expenses. Collaborative lawyers brainstorm solutions that benefit both parties and their children.  Each party’s lawyer fights to win. Some litigators prefer trials to maximize their fees at the clients’ greatest expense.  The couple communicates openly and honestly while keeping negotiation private and confidential.  Communication is one-sided and Court -driven while information is not … Read More...