Topic: Separation | 97 post(s).
July 13, 2022 - Sometimes there isn’t a lot of conflict between you and your spouse, and you feel that you won’t have any problems with joint decision making but including a default provision in your agreement, just in case things don't go as expected, might be wise. If you would like more information about mediation and joint decision making, check out my website — ClarePiroMediation.com. [...]
June 8, 2022 - In a recent video, available on my website, I described what, in addition to having a signed separation agreement, a successful mediation would look like. In this follow up video, I talk about three things clients who experience those positive outcomes have in common. After watching the video, If you think that mediation is the process for you, check out my website — ClarePiroMediation.com, where there are many more articles and blogs on all things divorc [...]
May 24, 2022 - As is often the answer to questions like this, it depends. In this case, however, the answer may depend on how you define success. What are your measurement criteria? Just ending up with a signed Separation Agreement might be one, but in this video, I look at some other aspects of the mediation process that may also be valid reasons for success.If you think that mediation is the process for you, check out my website — ClarePiroMediation.com. [...]
May 4, 2022 - While marriage is the usual path when two people are in love and want to live together, some couples decide to live together without being married and without bothering to get a cohabitation agreement. This may be all well and good until it isn’t. Without the Agreement, when the couple breaks up or one party dies, there can be a slew of problems around the joint property acquired during the relationship. If you would like more information about mediation, [...]
April 20, 2022 - {3 minutes to read} When I meet with clients who will have difficulty in making joint decisions about their children after the Separation Agreement is signed, the first thing we do is discuss a structure that will help them. If their level of conflict is so high that even after such a process, they STILL will be in conflict, we will discuss if they could agree to one parent making the final decisions. Or having one parent make final decisions regarding education issues [...]
April 6, 2022 - I remember when I used to represent clients in adversarial settings long ago, I would have some clients who would win in the sense that they got what they wanted but they weren't happy. I also had some clients who settled, and they weren't too happy, either. Now, I am definitely not saying that all mediation clients are happy. Happiness is a tough concept when you're talking about the end of a relationship but I often see a level of contentment in mediation cli [...]
February 2, 2022 - No one can tell you how long your divorce will take. If you are litigating, you are at the mercy of your attorney’s schedule, your spouse’s attorney’s schedule, the judge’s timetable and the court’s agenda. This can increase the level of anxiety and uncertainty that you feel. In mediation, the timetable is up to you and your spouse. [...]
January 19, 2022 - The term Add-On describes expenses that are in addition to the standard child support expenses. There are mandatory add-ons outlined in the New York Child Support Statute (CSSA) but what about all the little or not so little extra expenses such as extracurricular activities for the children, tutoring expenses, birthday party expenses, etc. This video discusses those expenses and offers several ways divorced parents may decide to address them. [...]
January 7, 2022 - When divorcing, determining the income base for child support can be tricky, especially if your income changes from year to year, or is not consistent due to commissions and/or bonuses. This video outlines a couple of approaches that can help you figure out the most effective way to deal with income fluctuations. [...]
December 16, 2021 - {4 minutes to read} The most typical way a pension is divided would be through a Qualified Domestic Relations Order (QDRO). A QDRO provides that, at retirement, the marital portion of the pension will be divided in the way that you have agreed upon in your Separation Agreement, usually 50%. The marital portion is the part that accumulated during the marriage. But you’re in mediation, so you don’t have to do what is typically done. Especially if the QDRO does [...]
September 24, 2021 - You're going through a separation and your communication with your co-parent is awful. You fight about everything. You're wondering: ''How are we ever going to be able to agree upon major decisions about our children, and what are we going to do if we can't make any decisions?'' Your answer to that might be: ''Well, maybe I should just say I'll be the sole decision-maker and I'll ask for sole custody.'' While that sounds rational to you, it's not going to have [...]
May 18, 2021 - {3 minutes to read} The idea of a prenuptial agreement is familiar to most people — an agreement that a couple can enter into before their marriage that can provide how property and debt will be distributed in the event of death or a divorce. It can also provide for paying or waiving spousal support. But what exactly is a postnuptial agreement, and why would anyone want one? A postnuptial agreement is an agreement that a married couple can create to do the very th [...]