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Mediating Your Divorce

mediation-150x150If you seek a non-confrontational approach to ending your marital relationship, mediation may be the route for you to take. Mediation is a type of Alternative Dispute Resolution (ADR), which can be a very cost-effective and efficient manner of amicably working out divorce related issues.

Mediation, Not Litigation

Mediated divorces are not litigated and there are no court appearances. A trained and neutral third party, usually an attorney familiar with matrimonal and family law, meets with the parties and reviews all issues with them in a non-confrontational manner. If the parties are mature, reasonable, and patient, mediation may be the best route to take with regard to handling a divorce case.

Divorces Where Mediation Won’t Work

Mediation, however, is not for everyone. Situations where the parties are not talking to each other or are not amicable do not present a good prospect for mediation. Cases involving very volatile relationships are also inappropriate cases for mediation. Further, domestic violence matters should not be mediated.

Mediation Requires Good Faith

For mediation to be successful both parties must be honest with each other. If either party hides assests or seeks to intimidate the other party, mediation is not going to work.

Divorce Can Be Difficult

Divorcing your partner can be a difficult process. Long term decisions need to be made on issues such as child custody, visitation (parenting time), spousal maintenance (alimony), equitable distribution of assets, dealing with business assets, valuing professional degrees, as well as the grounds for divorce. If you decide to use mediation, you should choose your mediator carefully. The Matrimonial and Family law attorneys at the Law Offices of Schlissel DeCorpo have more than 100 years combined experience dealing with all types of Matrimonial and Family Law issues. We are available to discuss mediation and other divorce related topics. Contact us for a free consultation.

‘Genius’ Not Taken Into Account in Equitable Distribution

divorce-150x150Judge Dregger, sitting in Manhattan Supreme Court, denied a very successful private equity firm executive from presenting evidence in a divorce case that he had “unique personality traits” prior to the marriage that allowed him to accumulate 450 million dollars in business assets during the thirty year term of his marriage. Justice Dregger, in her decision, stated that “in purporting to prove that the success of the business is solely attributable to his innate genius, the expert opinion evidence offered by the husband provides no assistance to the finder of fact in fashioning an equitable distribution of the estate based on the contributions of each party to the marital partnership.” Mr. and Mrs. Silverman were married for more than thirty years prior to a divorce lawsuit being brought. They had married in January of 1978.

Innate Talents

Mr. Silverman claimed that he had unique innate talents that allowed him to be successful in this business. Mr. Silverman argued that his talents in business should be considered in determining equitable distribution. Justice Dregger stated that intangible assets may be considered as marital property, referring to the enhanced earning capacity of an investment banker, someone with celebrity status or someone involved in a political career. However, she stated the question is “to what degree the spouse not possessed of the intangible asset was entitled to a distributive aware arising from the enhanced earning capacity of the career developed during the marriage and not the degree of fame, skill or political acumen possessed at the time of the marriage.”

Henry Silverman is out of luck. The 450 million dollars he amassed is subject to equitable distribution with his wife. I’m sure he’ll end up with enough money to prevent himself from starving.

New York and Long Island Divorce Lawyer

The Law Offices of Schlissel DeCorpo have been handling divorces in the Metropolitan New York area for over thirty-three years. We litigate all aspects of divorce related proceedings in the Supreme Court and Family Court. These proceedings involve divorce grounds, no fault divorce, child custody, mothers’ rights, fathers’ rights, child support, downward modification of child support, spousal maintenance (alimony) and domestic violence issues. In addition, we negotiate separation agreements, prenuptial agreementsand post-nuptial agreements for our clients. We litigate equitable distribution issues involving doctor, dentist and lawyer licenses. Call us for a free consultation.

Immunity for Referees/Law Guardians in Family Court Proceedings

FathRights-150x150In the case of Wilson v. Wilson-Paulson, the wife was granted sole custody of the her daughter. After receiving custody of her daughter, she brought a subsequent proceeding in the family court. She alleged in this proceeding that the daughter’s father had been involved in an attempted assault, aggravated harassment, had been stalking her and various other offenses. The proceeding in the family court was sent to a referee for a fact-finding determination.

The referee entered an Order of Protection. It required the father to stay away from his ex-wife and the parties’ daughter. The father subsequently brought a proceeding in the United States District Court for the Southern District of New York. In this proceeding, he represented himself. He asserted that under 42USC Section 1983, that the ex-wife, the family court referee and the guardian ad litem had violated his rights under the 14th amendment. He claimed that he was deprived of his fundamental rights as a father.

Judge Gardephe, sitting in the Southern District of New York, rendered a decision that the actions of the guardian ad litem, his ex-wife and the referee were protected by judicial immunity. He found that they could not be sued in their personal individual capacities for acts or omissions that occurred while they were involved in their official duties. The court also dismissed the 1983 claim against his ex-wife. The court found the allegations were insufficient to show she acted “under color of state law”.

Fathers’ Rights Attorneys

Fathers are often treated as second class citizens by the courts. There are numerous situations where fathers’ rights need to be protected. Should you be involved in a divorce proceeding where there are issues of custody, visitation, child support or orders of protection issues, the fathers’ rights attorneys at the Law Offices of Schlissel DeCorpo can help you. Feel free to call us at 1-800-344-6431, 516-561-6645 or 718-350-2802.

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