Divorce: New York

Divorce: New York

Category Archives: Alternative Dispute Resolution (ADR)

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Court Orders Disclosure to Aid in Arbitration of Child Support Issues

Posted in Alternative Dispute Resolution (ADR), Child Support (C.S.S.A.), Discovery
The calculations required by the C.S.S.A. to be made by an arbitrator in child support determinations provide the “extraordinary circumstances” needed  to warrant court-ordered disclosure of documents from a self-employed ex-husband. Such was the ruling of Kings County Supreme Court Justice Jeffrey S. Sunshine in his November 6, 2013 decision in Weisz v. Weisz. In … Continue Reading

Substantial Legal and Procedural Rights Are Lost in Divorce Arbitration Before Jewish Beth Din Panel

Posted in Alternative Dispute Resolution (ADR), Modification, Temporary (Pendente Lite) Relief
Resolving the rights and obligations of a couple incident to their divorce often involves the delicate balancing of property rights, spousal and child support, and custody and parenting issues. Attempting an orderly resolution in different forums simultaneously may be impossible. The July 26, 2012 decision of Nassau County Supreme Court Justice Daniel Palmieri in Loike … Continue Reading

Counsel Not Disqualified From Litigation Where Collaborative Divorce Participation Agreement Not Signed

Posted in Alternative Dispute Resolution (ADR), Attorney and Client
Monica and Mitchell Mandell were married in 1998. They have three children. After Mr. Mandell moved out last year, his wife retained attorney Ellen Jancko-Baken to represent her. Ms. Mandell was interested in pursuing the “Collaborative Law” process. After three perhaps “preliminary” meetings, the contemplated Collaborative Process fell apart. Ms. Mandell used her same attorney to … Continue Reading

Wife’s Attack on 2-Year-Old Mediated Separation Agreement Summarily Dismissed

Posted in Agreements and Stipulations, Alternative Dispute Resolution (ADR)
As noted in the previous blog, agreements which resolve marital rights and obligations are encouraged. They will be enforced absent demonstrable improprieties. In his January 23, 2011 decision in Capone v. Capone (pdf), Suffolk County Supreme Court Justice Ralph T. Gazzillo granted summary judgment dismissing a wife’s action to rescind and declare null and void a … Continue Reading

Sanctions and Fees Totaling $60,000 Imposed Against Ex-Wife; Divorce Litigation Often Keeps Going, and Going, and Going . . .

Posted in Agreements and Stipulations, Alternative Dispute Resolution (ADR), Counsel Fees, Sanctions, Settlement
There are may circumstances which courts recognize warrant revisiting a divorce resolution. On the other hand, ongoing litigation is often unfounded and a result of the anger, bitterness, sadness, desire for revenge, etc. In her February 3, 2012 decision in D.W. v. R.W., Westchester County Supreme Court Justice Francesca E. Connolly imposed $17,500.00 in sanctions and … Continue Reading

Court Avoids Parents’ Agreement to Arbitrate Disputes Over Education of Child

Posted in Agreements and Stipulations, Alternative Dispute Resolution (ADR), Custody and Visitation, Settlement
Shlomo Scholar and Shoshana Timinisky married in 2005. They had one child the next year.  The year after that they entered a stipulation of settlement to resolve their divorce action. Included in that stipulation was the parties agreement that Ms. Timinisky would have sole custody of the parties’ child. However, the parties also agreed that … Continue Reading

Relocation to California Denied Mother with 12-year Old Daughter

Posted in Alternative Dispute Resolution (ADR), Custody and Visitation, Enforcement of Support and Orders
The May 5, 2011 decision of the Appellate Division Third Department in Munson v. Fanning, highlights the need for difficult discussions and prioritization before taking life-altering steps. It is also another call for the expanded use of the Collaborative Law Process. In this case, the parties’ 12-year old daughter had been born after her parents had … Continue Reading

Nassau County May Require a Mandatory Mediation Session in Divorce Cases

Posted in Alternative Dispute Resolution (ADR), Settlement
Commencing March 14, 2011, parties to a Nassau County divorce action may be required to participate in a mediation session under a program initiated by Justice Robert A. Ross, Supervising Judge of the Matrimonial Parts. After a preliminary conference, the judge assigned to the case will decide whether the case is suitable for mediation. The parties … Continue Reading