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5 Common Misconceptions About Divorce Mediation in New York

If you are reading this, you may be thinking about divorce or going through one right now. This is not an easy time. You may feel scared, unsure, or overwhelmed. That is completely normal. Many people feel the same way when facing big changes in their lives. The truth is, you don’t have to go through it alone. You are here because you may need a lawyer who truly understands what you are going through and can guide you through every step.

We understand how confusing this process can feel, especially when it comes to something like divorce mediation. You may have heard different things from friends, family, or even online. Some of that information might not be correct. That’s why it’s important to clear up the confusion so you can make the best decisions for yourself and your family. Below, we will talk about some of the most common misunderstandings people have about divorce mediation in New York.

Divorce Mediation Means You Are Giving In

One of the biggest misunderstandings is the idea that choosing mediation means you are giving up or letting the other person win. That’s not true. Mediation is actually a smart way to find answers and solutions that work for both people. It does not mean you are weak. It means you are willing to talk things through and make thoughtful decisions.

In fact, many people find that they have more control over what happens in mediation than in court. You and your spouse get to talk things out with the help of a trained neutral third person. You decide what matters most to you. You talk about your home, your children, your money, and your future. You are not giving up. You are stepping up to make decisions with respect and care.

Mediation Is Only For People Who Agree On Everything

It is a common belief that people who try mediation must already agree on everything. This is not true. Most people who go into mediation do not agree on many things at first. That is normal. Mediation is a place to work through disagreements. The goal is not to be on the same page from the start, but to find a way to get there.

The mediator helps both sides listen to each other and come to fair agreements. You don’t have to have it all figured out before you begin. You just have to be willing to try. Even if you disagree a lot, mediation can still work. You may be surprised at how much can be resolved when both sides have a safe place to talk and be heard.

You Don’t Need A Lawyer If You Choose Mediation

Some people think that if they choose mediation, they do not need a lawyer. While it is true that mediation is less formal than court, having a lawyer is still very helpful. A lawyer can help you understand your rights and make sure your final agreement is fair. They can review the agreement before you sign anything and speak up for you if you need help.

Your lawyer is your supporter through the process. They can give advice and help you prepare before each mediation meeting. While the mediator stays neutral, your lawyer is there for you. This helps make sure you are making choices that are in your best interest, especially when it comes to your children or your money.

Mediation Is Only For Easy Or Friendly Divorces

Some people think mediation is only for couples who still get along very well or who have simple problems. This is not true. Mediation can work even if the situation is hard or emotions are high. It is meant to help people talk and reach solutions even when things feel tense.

Sometimes, people think their case is too complicated for mediation. But issues like dividing a home, planning child custody, or handling debts are very common in mediation. With the right support and preparation, most cases can be worked out through this process. It’s not just for people who are on good terms. It’s for anyone who wants to find a better way to solve their problems than going to court.

Mediation Is Not Legally Binding

Another common mistake is thinking that what happens in mediation doesn’t count. People may worry that their agreement will not be official or legally binding. That is not the case. When mediation is done properly, the agreement you reach is written down in a legal document. That document can then be approved by a judge and becomes just as official as a court order.

This means that the decisions you make in mediation are real and enforceable. If either side does not follow the agreement, the other can go to court to have it enforced. So, yes, mediation is taken seriously under the law, and the results are meant to be lasting.

Ending On A Note Of Support And Encouragement

Going through a divorce is one of the hardest things many people will ever face. It is normal to feel unsure, nervous, or upset. But it is also a time when you can take steps to protect your future and the future of your children. Understanding what divorce mediation really is can help you feel more in control and more hopeful.

At the end of the day, you want what is fair. You want a solution that works and a process that does not tear you apart. That is where good guidance can make all the difference. You deserve to have someone in your corner who will explain things clearly, help you make smart choices, and walk beside you every step of the way.

If you are thinking about divorce and are not sure what to do next, we are here to help. At Mahserjian & Mahserjian-Ortiz, PLLC, we know how difficult this time can be. We are ready to listen, to guide, and to fight for the best outcome for you and your family. Contact us today to talk about how we can help you with your case.

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Navigating Child Support for High-Net-Worth Individuals in New York

If you are reading this, you may be facing a child support case and feeling unsure, overwhelmed, or even scared. You are not alone. These feelings are common, especially when your financial life is more complex than most. If you are someone with significant assets or income and you are going through a divorce or separation that involves children, you may be wondering how child support works for someone in your position. At our firm, we understand how stressful this process can be. We are here to guide you with care, and help you find the path forward.

Understanding What Makes Your Situation Different

In New York, child support laws are made to protect children and make sure they are taken care of after their parents separate. These laws apply to everyone, but things can get complicated when one or both parents earn a high income or have valuable property. If you are a business owner, have investment accounts, multiple properties, or earn a large salary, your case will not look like a typical one. The way child support is calculated for people in this situation takes many different pieces into account.

The state uses a formula to figure out how much support a parent should pay. This formula is based on a percentage of combined parental income, up to a certain limit, which is currently set at $163,000. For most families, this covers everything. But for high-net-worth individuals, income usually goes far beyond that number. This means that the court will have to decide if more support should be paid above the cap. That decision depends on many things, and no two cases are the same.

How the Court Looks at Your Income

If you are in a high-net-worth situation, income does not always mean just your paycheck. The court will look at all your sources of money. This might include bonuses, stock options, rental property income, capital gains, dividends, trust funds, and more. If you own a business, your income may not be easy to define on paper. You may also have certain business expenses that lower your reported income, but the court might not allow them to be used to reduce your child support amount. Judges in New York are used to seeing complex financial records in these cases, and they will dig deep to understand the full picture.

This can be challenging, especially if the other parent tries to make your income look higher than it really is. You may also worry about protecting your privacy and financial future. The good news is that you can get help to make sure everything is fair. With the right support, your finances can be carefully explained to the court in a way that reflects your true situation.

What Happens With the Extra Income

When your income goes beyond the guideline cap, the court has to decide whether more support is needed. This is where things become very case-specific. The court will look at the needs of your child, the standard of living the child would have had if the family stayed together, and the incomes and resources of both parents. For example, if your child goes to private school or needs special lessons, tutors, or therapy, these things may be considered. The court can also look at how much time each parent spends with the child and who pays for different costs.

This means that even if your income is high, you won’t automatically be ordered to pay more than what is fair. But it also means that child support can sometimes be much more than what is listed in the guidelines. Every detail matters. Your case will depend on how well these facts are presented and understood.

Working Out Agreements Without a Fight

Many people in high-net-worth situations prefer to settle their cases without going to court. This is a smart choice if both parents are willing to work together for the child’s sake. With the right legal help, you can reach an agreement that takes care of your child’s needs while also protecting your finances and keeping the process private.

This kind of agreement can include more than just the base child support. It can also talk about who pays for school, summer camp, college, travel, and medical costs. These things are often important in higher-income families. When parents make decisions together, they often feel better about the outcome. And when everything is written down clearly, there is less chance for problems later on.

But if an agreement cannot be reached, you may have to go to court. If that happens, your financial records will be reviewed in detail, and the judge will make the final decision. Being ready for this and knowing what to expect will help you feel more in control of your case.

How Child Support Connects to Custody and Time With the Child

Another key part of your case is how parenting time is shared. Child support and custody often go hand in hand. In New York, even if both parents earn a good living, the parent who has the child for less time is usually the one who pays child support. The court assumes that the parent with more time is already covering more daily expenses.

If your parenting schedule is shared evenly, or if the other parent also earns a high income, this can affect how much support is ordered. These cases can be very different from regular ones, where one parent has most of the care duties. That is why it is so important to look at the full picture when dealing with support.

Protecting Your Business and Assets

If you are a business owner, investor, or part of a family trust, you may worry about how this case could affect your wealth. The court will ask for financial documents, including tax returns, account statements, and possibly even business records. You may be asked to show what you earn, what you spend, and what your assets are worth.

This can feel invasive, but there are ways to manage it. It is possible to keep the process focused and fair while protecting sensitive information. You may need to hire financial professionals to help explain your records. With the right help, you can make sure your wealth is handled correctly and with care.

What You Can Do to Prepare

The best thing you can do now is to get organized and informed. Gather your financial documents, think about your child’s needs, and consider what kind of parenting schedule would work best. Try to stay calm and focus on the future. Even though this is a hard time, remember that you have rights and options.

You do not have to go through this alone. The court wants what is best for your child, and so do you. With the right support, it is possible to reach an outcome that protects your child and your financial well-being at the same time.

We Are Here to Help You Move Forward

If you are dealing with a high-net-worth child support case in New York, this is not something to take lightly. Your financial future and your child’s well-being are both at stake. You need someone who understands the unique challenges that come with your situation and who can guide you with care, strength, and clear thinking.

At Mahserjian & Mahserjian-Ortiz, PLLC, we help people just like you move through this process with confidence. We understand how stressful and emotional this time can be. Our team is here to listen, explain, and protect what matters most. If you are ready to take the next step, contact us today and let us help you build a strong path forward.

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Understanding New York's No-Fault Divorce Laws

If you are facing a divorce in New York, you may be feeling a mix of emotions – confusion, worry, perhaps even fear. The uncertainty of the process can be overwhelming, and it’s common to feel unsure of what to expect. It’s understandable that you may have questions about how things will unfold and what the next steps are. Here at Mahserjian & Mahserjian-Ortiz, PLLC, we empathize with what you are going through and are here to help you navigate the complexities of New York’s divorce laws. Understanding New York’s no-fault divorce laws is a crucial first step in the process, and we are dedicated to providing you with the guidance you need to make informed decisions that can result in a favorable outcome for you.

What Is a No-Fault Divorce in New York

In New York, a no-fault divorce means that a spouse does not need to prove any wrongdoing or fault by the other spouse in order to get a divorce. This is different from the older system of divorce, where one party would need to show that the other spouse was at fault due to reasons such as adultery, cruelty, or abandonment. Under the no-fault law, the only requirement is that one spouse claims that the marriage has broken down irretrievably for at least six months.

The introduction of the no-fault divorce option has made the process simpler and less contentious for many couples. It allows couples to divorce without getting into a lengthy legal battle over allegations of misconduct, which can often complicate and prolong the process. This means less stress and more focus on dividing the assets and resolving other important issues, such as child custody and spousal support.

The Grounds for a No-Fault Divorce

In New York, there is one specific ground for a no-fault divorce. The law states that a marriage can be dissolved if the relationship has broken down for at least six months. This ground for divorce is based on the assertion that the relationship is beyond repair, and no reconciliation is possible. Unlike traditional fault-based divorces, there is no need to provide specific evidence or examples of misconduct. This can often make the process more straightforward for those who wish to end their marriage without unnecessary complications.

In practice, this means that if one spouse decides that the marriage is no longer working, they can file for a no-fault divorce without needing to assign blame. While the other spouse may contest the divorce, the grounds for the divorce remain clear and simple. This legal option has been a relief to many individuals who were previously reluctant to seek a divorce because of the emotional and financial toll of proving fault.

The Benefits of No-Fault Divorce

There are several advantages to choosing a no-fault divorce in New York. One of the most significant benefits is the reduction of conflict. Traditional divorce cases, where one spouse must prove the other’s fault, often lead to prolonged legal battles and heightened emotions. With a no-fault divorce, the process is typically quicker and more amicable, which can be particularly important if children are involved or if the parties wish to maintain a civil relationship after the divorce is finalized.

Another benefit of a no-fault divorce is that it can be less expensive. When there is no need to gather evidence or prove fault, the divorce proceedings can be completed more efficiently, which may lead to lower legal costs. Additionally, because the process tends to be less contentious, there may be fewer disputes over property division, child custody, and support payments, allowing for a smoother resolution.

How to File for a No-Fault Divorce in New York

Filing for a no-fault divorce in New York requires several key steps. The process begins by filing a petition for divorce in the appropriate county court. The petition must state that the marriage has broken down irretrievably for at least six months, and it must be signed by the spouse filing for divorce. In some cases, if the couple has been living apart for at least one year, this may also be cited as the reason for the divorce.

Once the petition is filed, the other spouse will be served with divorce papers. They will have the opportunity to respond to the petition and may agree to the divorce or contest it. If the divorce is uncontested, the process can proceed more quickly. If the divorce is contested, additional steps will be necessary, such as mediation or a court hearing, to resolve any disagreements.

It’s also important to note that, even in a no-fault divorce, the division of marital property, child custody, and spousal support must still be addressed. These issues can be settled through negotiation, mediation, or court hearings. This is where having an experienced attorney on your side can make a significant difference.

The Role of a Lawyer in a No-Fault Divorce

While a no-fault divorce is generally simpler than a fault-based divorce, it’s still important to have legal representation to ensure that your interests are protected. A lawyer can help you understand your rights, guide you through the legal process, and assist with the negotiation of property division, custody arrangements, and support payments. Even though the grounds for the divorce may be straightforward, there may still be complex issues to resolve, especially if there are significant assets or children involved.

At Mahserjian & Mahserjian-Ortiz, PLLC, we understand that divorce is a deeply personal and challenging experience. Our compassionate team is committed to helping you through this difficult time with sensitivity and professionalism. Whether your divorce is amicable or contested, we will work diligently to ensure that you receive a fair settlement and achieve the best possible outcome.

What to Expect During the Divorce Process

The divorce process in New York can take several months, depending on the circumstances of the case. If the divorce is uncontested, it may be finalized relatively quickly, sometimes within a few months. However, if there are disputes over property division, child custody, or support, the process may take longer.

During the process, you will need to provide financial documents, including tax returns, pay stubs, and other relevant information. This is necessary to determine how assets and debts will be divided and whether spousal or child support is appropriate. Your lawyer can help you gather the necessary documents and ensure that everything is properly filed with the court.

If children are involved, the court will consider their best interests when making decisions about custody and visitation. New York law encourages parents to work together to create a parenting plan that meets the needs of their children, but if an agreement cannot be reached, the court will make a determination based on what is best for the child.

Dividing Assets and Debts in a No-Fault Divorce

One of the most important aspects of a divorce is the division of assets and debts. In New York, marital property is divided equitably, meaning that it is divided in a way that is fair, but not necessarily equally. The court will consider various factors, such as the length of the marriage, the financial and non-financial contributions of each spouse, and the needs of each party.

For example, if one spouse stayed home to care for the children while the other worked, the court may consider the non-working spouse’s contributions to the household when dividing assets. The court will also consider the needs of any children involved when making decisions about property division.

In some cases, one spouse may be entitled to spousal support, depending on the length of the marriage and the financial circumstances of each party. This is something that your lawyer can help you navigate to ensure that you receive a fair and just settlement.

At Mahserjian & Mahserjian-Ortiz, PLLC, we are here to help you through every step of the divorce process. We understand that divorce is never easy, and we are committed to providing you with the legal support and guidance you need to achieve the best possible outcome. Whether you are seeking a no-fault divorce or need assistance with other family law matters, we are here to help. Contact us today to schedule a consultation and discuss your case with an experienced attorney who can help you move forward with confidence.

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How to Prepare for Your First Divorce Mediation Session in New York

Facing a divorce can be overwhelming, and if you are preparing for your first mediation session, it’s natural to feel anxious, confused, or unsure of what to expect. You may have many questions, concerns about your future, and doubts about the process. It’s important to understand that you are not alone in this journey. Many people going through a divorce feel similar emotions. If you are looking for guidance on how to navigate this process and achieve a favorable outcome, we are here to help. The following guide will provide you with the necessary steps to prepare for your first divorce mediation session in New York, offering insight into how you can approach the mediation process with confidence.

Understanding Divorce Mediation in New York

Divorce mediation is an alternative to traditional courtroom litigation, where both parties meet with a neutral third party, known as a mediator, to work through their issues and reach agreements on key divorce matters, such as child custody, division of assets, and spousal support. Mediation aims to be a more collaborative, less adversarial approach to divorce, allowing both spouses to have a say in the final outcome. While the mediator does not provide legal advice, they facilitate communication between you and your spouse, helping both sides come to a mutually agreeable resolution.

The goal of mediation is to resolve disputes outside of court, often leading to less stress, lower costs, and a more amicable post-divorce relationship. In New York, divorce mediation can be a very effective tool, but it requires both parties to approach the process with openness and a willingness to compromise.

What to Expect During the Mediation Session

Mediation sessions are typically held in a comfortable and neutral setting, such as a mediator’s office. The session usually begins with an introduction where the mediator explains their role and the rules of mediation. The mediator will then outline the ground rules for the session, emphasizing respect, confidentiality, and cooperation. Afterward, both spouses are given the opportunity to share their perspectives on the issues at hand.

It’s important to understand that mediation is not about one side “winning” or “losing.” Instead, the goal is to find a solution that both parties can live with. During the session, the mediator may help you and your spouse identify your most important concerns and priorities. The process can take several hours, or even multiple sessions, depending on the complexity of your divorce and the issues at stake.

One of the main advantages of mediation is that it allows you to retain more control over the outcome of your case. Unlike a court trial, where a judge makes the final decisions, in mediation, you and your spouse will work together with the mediator to negotiate and reach agreements.

Preparation Is Key to a Successful Mediation Session

As you approach your first divorce mediation session, it’s essential to prepare. While mediation is designed to be a more relaxed process compared to litigation, preparation is still crucial for achieving the best possible outcome. Below are some steps you can take to prepare for your mediation session:

First, gather all relevant financial documents. You will need to have a clear understanding of your financial situation before entering the mediation. This includes documents such as income statements, tax returns, bank statements, mortgage papers, and any other documents that show the value of assets and liabilities. Having a complete picture of your financial situation will help you make informed decisions during the mediation.

Next, think about your goals for the mediation. What do you want to achieve in terms of child custody, division of assets, spousal support, or any other aspects of your divorce? While you may need to make compromises, knowing your priorities will help guide you during the negotiations. Write down your main concerns and objectives ahead of time, so you are clear about what matters most to you.

You should also be prepared to listen to your spouse’s perspective. Mediation is a two-way process, and it’s important to be open-minded. You may not agree with everything your spouse says, but being willing to listen can help create a more cooperative environment. The mediator will help facilitate the discussion, but it’s your responsibility to be respectful and considerate of your spouse’s needs as well.

Lastly, make sure you have legal representation during mediation. While mediation is intended to be a collaborative process, having a lawyer present can help you protect your rights and ensure that any agreements made are in your best interest. Your attorney can provide guidance on legal matters and help you understand the implications of any agreements reached during mediation.

How to Handle Emotions During Mediation

Divorce is an emotional process, and mediation can stir up feelings of anger, sadness, and frustration. It’s normal to feel these emotions, but it’s important to remain calm and composed during the mediation session. If emotions run high, it can be difficult to reach a resolution. A successful mediation requires both parties to communicate effectively and respectfully.

If you feel overwhelmed or emotional during the session, it may be helpful to take a break and regroup. You can ask the mediator for a short pause if you need to collect your thoughts or regain composure. It’s important to focus on the bigger picture and keep in mind that the purpose of the mediation is to work towards a fair and amicable solution.

If you are concerned about how emotions may affect the process, it may be helpful to talk to your attorney beforehand about strategies for managing emotions during mediation. A lawyer can offer advice on how to stay focused and maintain control of your emotions during the session.

The Benefits of Mediation Over Litigation

Divorce mediation has many advantages over going to court. One of the primary benefits is that it is often less expensive and time-consuming than traditional litigation. Going to court can involve a lengthy process with multiple hearings, filings, and a final trial, which can be both emotionally and financially draining. Mediation, on the other hand, can resolve issues more quickly and efficiently.

Mediation also allows for greater privacy and confidentiality. Court proceedings are public, and your personal life and financial matters may be exposed during the trial. In contrast, mediation sessions are private, and any agreements reached are confidential. This can provide you with a greater sense of control over your personal information and the outcome of your case.

Another key benefit is that mediation fosters a more collaborative approach to divorce. Rather than being adversarial, mediation encourages cooperation and compromise. This can help preserve a more positive relationship between you and your spouse, which can be especially important if you share children or have ongoing financial obligations.

When to Consider Seeking Legal Assistance

While mediation can be a highly effective process, there are situations where seeking legal assistance is essential. If you are unsure of your rights or need guidance on how to negotiate during mediation, it’s important to consult with an experienced attorney. A lawyer can help you navigate the process, ensure your interests are protected, and assist with any legal matters that arise during mediation.

If you feel that your spouse is not negotiating in good faith or if there are concerns about hidden assets, an attorney can also help you address these issues and ensure that the mediation is fair. In some cases, if mediation fails to produce a resolution, your attorney can advise you on the next steps, including pursuing litigation if necessary.

Divorce mediation can be an effective way to resolve disputes and move forward with your life, but it requires careful preparation and the right mindset. At Mahserjian & Mahserjian-Ortiz, PLLC, we understand the challenges you face and are here to guide you through every step of the process. If you are preparing for your first divorce mediation session in New York and want to ensure that your rights are protected, contact us today to schedule a consultation. We can help you navigate this important step in your divorce and work towards achieving the best possible outcome for you and your family.

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Divorce Mediation vs. Litigation in New York: Key Differences and Benefits

Going through a divorce can be one of the most stressful and emotional experiences of your life. If you are reading this, it is likely that you are facing a difficult decision about how to approach your divorce. You may be feeling overwhelmed by the process, uncertain about your options, and unsure of how to move forward. We understand how challenging it can be to navigate through this tough time. It is important to know that you are not alone, and there are different ways to approach your divorce that can provide you with a smoother, less stressful experience. In this blog, we will discuss the key differences between divorce mediation and litigation in New York, and how each option could affect you.

What is Divorce Mediation?

Divorce mediation is a process where both spouses work with a neutral third party, called a mediator, to resolve the issues in their divorce. The mediator does not make decisions for you but helps guide the conversation and assist in finding common ground. Mediation is a more collaborative approach compared to litigation, where both parties have the chance to express their concerns and work toward a mutually beneficial agreement.

One of the main benefits of divorce mediation is that it allows both spouses to have more control over the outcome of their divorce. Instead of relying on a judge to make decisions, you and your spouse can work together to create a divorce agreement that works for both of you. Mediation also tends to be less costly and time-consuming compared to litigation, making it a more efficient choice for many couples.

In New York, mediation is not mandatory, but it is highly encouraged by courts. Many judges will require that mediation be attempted before moving on to litigation. Mediation is a good option if both parties are open to compromise and want to avoid the adversarial nature of court proceedings. It can be particularly beneficial when there are children involved, as it helps keep the lines of communication open and focuses on finding solutions that are in the best interest of the family.

What is Divorce Litigation?

Divorce litigation is the traditional, more adversarial approach to divorce. It involves going to court and having a judge make decisions on important issues such as property division, child custody, child support, and spousal support. Both parties hire their own attorneys, and each side presents their case before the judge, who ultimately makes the final decisions.

Litigation is often a more expensive and lengthy process than mediation. Court proceedings can drag on for months, or even years, as both parties fight over various aspects of the divorce. Additionally, litigation can be emotionally draining, as it often involves aggressive tactics and can escalate tensions between the spouses.

While litigation may be necessary in certain situations, such as when there are complex legal issues or when one spouse is unwilling to negotiate in good faith, it is generally considered a last resort. The court’s involvement means that you have little control over the outcome, as it will be determined by the judge’s decision, not by what you and your spouse agree upon. This can lead to dissatisfaction and resentment, especially if the final decision is not what either party hoped for.

Key Differences Between Mediation and Litigation

When considering divorce mediation versus litigation, it’s important to understand the key differences between these two approaches. One of the main differences is the level of control that each spouse has over the outcome. In mediation, both spouses actively participate in the decision-making process and can work together to find solutions. In litigation, the judge makes the final decisions, and the parties have little say in the matter.

Another key difference is the cost and time involved. Divorce mediation is typically much less expensive and quicker than litigation. Mediation can often be completed in just a few sessions, whereas litigation can drag on for months or even years. Mediation also tends to be less stressful and confrontational, as the goal is to reach a cooperative agreement, rather than a winner-takes-all situation.

The emotional toll of divorce is another factor to consider. Mediation encourages communication and cooperation, which can help reduce conflict and make the process less emotionally draining. In contrast, litigation can increase tension and hostility between spouses, making it more difficult to maintain a civil relationship, especially if there are children involved.

Benefits of Divorce Mediation

There are several benefits to choosing divorce mediation over litigation. First and foremost, mediation provides an opportunity for both spouses to maintain control over the decisions that affect their lives. This can result in a more favorable outcome for both parties, as they have a say in the process rather than leaving everything up to a judge.

Mediation is also a more private and confidential process than litigation. Court proceedings are public, meaning that anyone can attend and see what is discussed. In contrast, mediation takes place in a private setting where only the mediator and the spouses are present. This allows for more open and honest discussions, without the fear of sensitive information being made public.

Additionally, mediation can help preserve relationships. Divorce is already a difficult and emotional process, but litigation can add to the tension and conflict. Mediation encourages cooperation and can make it easier to maintain a civil relationship with your spouse, which can be especially important if you have children and will need to co-parent in the future.

Benefits of Divorce Litigation

While mediation is often the preferred method for many couples, there are certain situations where litigation may be necessary. One benefit of litigation is that it provides a clear and final resolution when both parties are unable to come to an agreement. If there are significant disagreements or if one spouse is unwilling to negotiate in good faith, litigation can be the only way to ensure that the divorce is finalized.

Litigation can also be beneficial when there are complex legal issues involved, such as disputes over property division or spousal support. In these cases, having a judge make a ruling may be the best way to resolve the issues. Litigation can also provide a legal safeguard in cases of domestic abuse, where one spouse may need protection from the other.

However, it is important to keep in mind that litigation is often a last resort. It can be costly, time-consuming, and emotionally draining, so it should only be pursued if all other options have been exhausted.

Which Option is Right for You?

The decision between divorce mediation and litigation depends on your specific situation. If both you and your spouse are willing to cooperate and communicate openly, mediation may be the best option. It is less expensive, less stressful, and can result in a more mutually satisfying agreement. On the other hand, if there are significant conflicts or complex legal issues, litigation may be necessary to ensure that your rights are protected.

At the end of the day, the goal of any divorce is to reach a resolution that is fair and equitable for both parties. Divorce mediation and litigation are both valid approaches, but mediation often offers a more amicable and cost-effective path to that goal.

If you are unsure about which approach is best for you, it’s important to seek guidance from an experienced attorney. At Mahserjian & Mahserjian-Ortiz, PLLC, we understand the challenges you face during this difficult time. We can help you navigate the divorce process and work toward a successful outcome that is in your best interest. We are here to listen, support you, and guide you through every step of the way. If you are ready to take the next step, contact us today to discuss how we can assist with your case.

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The Importance of Legal Representation in New York Domestic Violence Cases

If you find yourself facing a domestic violence case in New York, you are not alone. The emotions and confusion that accompany such a situation can leave you feeling overwhelmed, uncertain, and unsure of where to turn. It is important to understand that having the right legal representation is essential to navigating this challenging process, protecting your rights, and ensuring a fair outcome. At this time, you need someone who will stand by your side, understand your concerns, and work relentlessly to fight for the best possible result. This is where a trusted attorney comes into play.

Understanding the Complexities of Domestic Violence Cases in New York

Domestic violence cases in New York are serious and can have long-lasting effects on your life. These cases are often emotionally charged, and the legal process can seem intimidating. The law is complex, and understanding your rights, obligations, and the potential consequences of the case is crucial. Whether you are the victim or the accused, you need a legal team that is well-versed in the intricacies of the law, knows how to handle sensitive issues, and is committed to securing the best possible outcome for your case.

The stakes are high in domestic violence cases. A conviction could lead to a restraining order, loss of custody rights, fines, and even imprisonment. For the accused, it can lead to severe consequences that affect your family, reputation, and career. For the victim, it is vital to ensure you are protected and receive the necessary support. Legal representation can help you navigate these complex matters with a clear understanding of your rights and options.

The Role of an Attorney in Domestic Violence Cases

An attorney plays a pivotal role in ensuring that your case is handled correctly and efficiently. Domestic violence laws in New York are designed to protect individuals from harm, but they can also be complicated to understand, especially if you are not familiar with the legal process. Your attorney will be your guide, helping you understand the full scope of the charges or allegations against you and working to defend your interests.

For the accused, an attorney will work to challenge the evidence, cross-examine witnesses, and ensure that all legal procedures are followed to protect your rights. They will aim to get the charges reduced, dismissed, or obtain a favorable plea bargain, depending on the circumstances. The goal is always to secure the best possible outcome, whether through negotiation or in court.

For the victim, an attorney ensures that your safety is prioritized. They will seek protective orders, help with obtaining evidence of the abuse, and represent your interests throughout the case. Your lawyer will ensure that you are not subjected to unnecessary harassment or intimidation and that you receive the justice you deserve.

Why Having Legal Representation is Essential for a Successful Outcome

The outcome of a domestic violence case can dramatically impact your future. Without the right legal representation, you could face severe penalties or fail to receive the protection you need. There are many factors to consider when handling a domestic violence case, and trying to navigate this process without professional assistance can lead to complications.

Attorneys with experience in handling domestic violence cases understand the legal nuances involved. They know how to handle the sensitive nature of the case, how to deal with emotional testimonies, and how to prepare the necessary documentation and evidence. They also understand the importance of timelines and deadlines in these cases and will ensure that all procedures are followed properly. An attorney will work to ensure that your case is presented in the most compelling way possible.

Additionally, an attorney can offer you peace of mind throughout the process. Knowing that a professional is handling your case means you don’t have to deal with the emotional stress of trying to figure everything out on your own. They will guide you through each step, answer your questions, and provide you with the support you need.

The Emotional Toll of Domestic Violence Cases

Dealing with a domestic violence case can take a toll on both your emotional and mental well-being. Whether you are the victim or the accused, the stress, fear, and uncertainty surrounding the case can be overwhelming. It is easy to feel isolated or as if there is no way out of the situation.

An attorney who understands what you are going through can offer both legal and emotional support. They will listen to your concerns, validate your feelings, and fight tirelessly to ensure that your best interests are represented. Whether you are seeking protection from an abusive partner or facing accusations that could change your life forever, having someone in your corner who understands your situation can make all the difference.

What to Expect When Working with an Attorney on Your Domestic Violence Case

Working with an attorney who is experienced in domestic violence cases means you will have a team on your side that is committed to securing the best possible outcome. From the moment you reach out for help, you will begin the process of discussing the details of your case. Your attorney will listen attentively, ask questions, and gather any necessary evidence to support your case.

Throughout the process, your attorney will be there to guide you, explain legal terminology, and keep you informed of any developments in the case. You can expect your attorney to offer clear, direct advice and ensure that your rights are upheld. They will also handle all communication with the courts and opposing parties, so you don’t have to deal with the stress of legal procedures on your own.

For victims, your attorney will work quickly to ensure that a restraining order or protection order is obtained as soon as possible to keep you safe. They will help you understand your rights, the legal process, and what steps need to be taken to protect you and your family. For those accused of domestic violence, your attorney will review the evidence, build a defense strategy, and fight for a fair resolution.

The Consequences of Facing a Domestic Violence Case Without Legal Representation

Trying to navigate a domestic violence case without the assistance of an attorney can have serious consequences. Not understanding the legal complexities of your case, failing to properly present your evidence, or making a mistake in the process can lead to outcomes that could affect your life for years to come. If you are accused of domestic violence, not having an attorney may result in unnecessary criminal charges or penalties. If you are a victim, you may not receive the protection and justice you deserve without professional legal guidance.

Domestic violence cases are not something you should face alone. Having legal representation can make the difference between a favorable outcome and a potentially damaging result. The right attorney can help protect your rights, secure the best possible resolution, and guide you through the emotional challenges that come with such a serious case.

At Mahserjian & Mahserjian-Ortiz, PLLC, we understand the emotional and legal challenges you face in a domestic violence case. We are here to provide the support, guidance, and legal representation you need to ensure that your case is handled with care and professionalism. Whether you are seeking protection or facing serious accusations, we are here to help you every step of the way.

Reach out to our office today to schedule a consultation and take the first step toward resolving your case. Let us help you get the justice and peace of mind you deserve.

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How to File for Divorce in New York Step-by-Step Instructions

If you are reading this, chances are that you are going through one of the most challenging and emotional times of your life. Divorce can feel overwhelming, and the uncertainty about what steps to take can add more stress to an already difficult situation. At Mahserjian & Mahserjian-Ortiz, PLLC, we understand how tough this can be. You may feel confused about the legal process, or perhaps you are uncertain about your rights and the steps required to move forward. Rest assured, you are not alone. We are here to guide you through the entire process with understanding and empathy. Our goal is to help you navigate your case with confidence, ensuring that your interests are protected throughout.

Decide If Divorce Is the Right Decision

The first step in the divorce process is making the decision to file. This is not an easy choice, and it requires careful thought and consideration. Divorce is a life-changing event, so it is important to take the time to understand the consequences and implications. If you are feeling unsure, consider seeking counseling or discussing your concerns with someone you trust. Once you have made the decision to move forward, it’s time to start thinking about the next steps.

Understand the Grounds for Divorce in New York

In New York, you must prove that there are grounds for divorce. This means that you need a legal reason to end your marriage. There are several grounds under which you can file for divorce, and it’s important to choose the one that best applies to your situation. Some common grounds for divorce in New York include irreconcilable differences, cruelty, abandonment, and adultery.

If you are filing based on irreconcilable differences, which is the most common ground, it means that your marriage has broken down and there is no hope for reconciliation. This ground is often easier to prove, as it does not require evidence of misconduct, such as abuse or cheating.

Fill Out the Divorce Papers

Once you have determined the grounds for your divorce, the next step is to fill out the necessary divorce papers. These forms are available at the courthouse or online through the New York State website. The main form you will need to fill out is called the “Summons with Notice” or “Summons and Complaint.” This document notifies your spouse that you are seeking a divorce and sets forth the reasons why.

Along with the summons, you will need to complete additional forms, such as the “Verified Complaint” and “Affidavit of Service.” These forms provide details about your marriage, assets, children (if any), and the terms you are requesting in the divorce. Depending on the complexity of your case, you may also need to include other forms related to property division, child custody, and support. If you are unsure about which forms to file, it is important to consult with a lawyer who can help guide you through the process.

File Your Divorce Papers with the Court

After you have completed all the necessary forms, the next step is to file them with the court. You will need to bring the original completed forms, as well as copies, to the courthouse. The clerk will review your paperwork to make sure everything is in order. Once the paperwork is filed, the court will assign a case number, and you will receive a stamped copy of your papers. This marks the official start of your divorce case.

It’s important to note that there are filing fees associated with divorce cases. These fees can vary depending on the county in which you are filing. If you cannot afford the fees, you may be able to request a fee waiver from the court.

Serve Divorce Papers to Your Spouse

After filing your divorce papers with the court, you will need to serve them to your spouse. This means that your spouse must be formally notified that you are seeking a divorce. In New York, this can be done by a process server, sheriff, or someone who is not involved in the case. The person who serves the papers must complete an Affidavit of Service, which is then filed with the court to show that your spouse has been properly notified.

If you and your spouse are on good terms, you may be able to arrange for them to accept the divorce papers voluntarily. This is often referred to as "acceptance of service." However, if your spouse is avoiding service, the process server will need to make multiple attempts to ensure that they are notified.

Wait for a Response from Your Spouse

Once your spouse has been served with the divorce papers, they will have a certain amount of time to respond. In New York, the standard time to respond is 20 days if your spouse lives in the state, or 30 days if they live out of state. If your spouse agrees to the divorce and the terms you have proposed, the process can move quickly. However, if they disagree with any part of the divorce or do not respond at all, your case may become more complicated.

If your spouse does not respond within the given time frame, you can ask the court to grant a default judgment in your favor. This means that the court will finalize the divorce without the need for your spouse’s participation.

Resolve Any Issues in Dispute

If your spouse does respond and there are disagreements regarding important issues such as property division, child custody, or spousal support, you will need to work through these issues before the divorce can be finalized. In some cases, this can be resolved through negotiation or mediation. Mediation is a process where both parties work with a neutral third party to reach a mutually acceptable agreement.

If mediation or negotiation does not resolve the issues, the case will proceed to trial, where a judge will make decisions on the disputed matters. This process can be lengthy and costly, so it’s important to work with an experienced attorney who can help advocate for your best interests.

Finalizing the Divorce

Once all issues have been resolved, the court will schedule a final hearing to review the terms of your divorce. At this hearing, the judge will review all the documents, including your settlement agreement or court findings. If everything is in order, the judge will issue a final judgment of divorce. This marks the official end of your marriage.

After the divorce is finalized, you will receive a Judgment of Divorce, which legally ends your marriage. This document is important for many purposes, including changing your name, updating legal documents, and applying for benefits.

Going through a divorce is never easy, and the legal process can feel overwhelming, especially when emotions are running high. At Mahserjian & Mahserjian-Ortiz, PLLC, we are here to support you every step of the way. Our experienced attorneys can help you understand your rights, guide you through the paperwork, and provide legal representation in court. We are committed to ensuring that your divorce is as smooth and efficient as possible, so you can move on with your life.

If you are considering filing for divorce or are already in the process, don’t hesitate to reach out. We are here to answer your questions and help you achieve a successful result in your case. Let us help you take the next step toward a new chapter in your life. Contact us today to schedule a consultation.

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QDROs and Division of 403(b) Plans in New York

If you are reading this, you may be going through a difficult and confusing time. If you are in the process of a divorce, there may be many questions about how to divide assets, especially retirement accounts like 403(b) plans. We understand how overwhelming it can be to navigate through these complex legal issues. At Mahserjian & Mahserjian-Ortiz, PLLC firm, we are here to help you understand the process and make sure that your rights are protected as you work towards a fair division of assets. This blog will walk you through how Qualified Domestic Relations Orders (QDROs) are used to divide 403(b) plans in New York, and how our team can support you in achieving a successful outcome for your case.

What is a 403(b) Plan and Why Does It Matter in Divorce?

A 403(b) plan is a type of retirement savings plan that is typically offered to employees of public schools, certain non-profit organizations, and some religious organizations. Similar to a 401(k), these plans allow employees to save for retirement while receiving tax advantages. However, unlike other retirement accounts, the rules for dividing a 403(b) plan in a divorce can be more complex.

When you are going through a divorce in New York, you may wonder how the division of a 403(b) plan will be handled. Retirement accounts like these are considered marital property, and they may need to be divided between both spouses as part of the divorce settlement. However, dividing these assets is not as simple as just splitting the account balance in half. You will need a legal document called a Qualified Domestic Relations Order, or QDRO, to make sure the division is done correctly.

Understanding QDROs and How They Relate to 403(b) Plans

A QDRO is a court order that recognizes one spouse’s right to receive a portion of the other spouse’s retirement benefits. This legal document is essential when dividing retirement accounts like 403(b) plans. Without a QDRO, the financial institution holding the retirement account may not release the funds to the spouse entitled to them, even if it is part of a divorce settlement.

The QDRO essentially gives the non-employee spouse the right to a percentage of the 403(b) plan. It specifies the amount or percentage of the plan that should be transferred, and it allows that spouse to access their portion of the plan directly from the employer or financial institution. A QDRO is necessary for retirement accounts because the division of retirement benefits is often more complicated than dividing other types of assets.

The Process of Obtaining a QDRO in New York

The process of obtaining a QDRO for a 403(b) plan in New York involves several steps. After the divorce settlement has been reached and it is agreed upon how the 403(b) plan will be divided, a QDRO must be prepared and submitted to the court for approval. Once the court approves the QDRO, it will be sent to the administrator of the 403(b) plan. Only after this step can the financial institution begin the process of dividing the funds according to the QDRO.

It is important to note that a QDRO is not automatically created as part of a divorce. It is a separate document that requires careful drafting to make sure it meets the legal requirements and is accepted by the plan administrator. If the QDRO is not drafted correctly, it may be rejected, causing delays and additional costs. This is why it is so important to work with an attorney who understands the requirements of a QDRO and how to ensure that the division of the 403(b) plan is handled properly.

Common Mistakes in Dividing 403(b) Plans and How to Avoid Them

Dividing a 403(b) plan can be tricky, and there are several common mistakes that can arise during the process. One of the most common issues is failing to properly calculate the value of the 403(b) plan. If the plan was accumulated during the marriage, it is important to ensure that only the marital portion is divided, and the separate contributions made before the marriage are not included.

Another common mistake is not including the proper language in the QDRO. The QDRO must clearly specify the percentage or amount to be awarded to the non-employee spouse, and it must comply with the rules of the 403(b) plan. If the QDRO does not include the correct language, it could be rejected by the plan administrator, delaying the division of assets.

Finally, another mistake is failing to account for any penalties or taxes that may be associated with early withdrawals from the 403(b) plan. If one spouse is withdrawing their portion of the 403(b) early, they may face penalties and taxes. It is important to discuss these potential issues with your attorney so that you can make an informed decision about how to handle the distribution.

The Role of an Attorney in Handling QDROs and Division of 403(b) Plans

Having an experienced attorney on your side can make all the difference when it comes to dividing retirement accounts like 403(b) plans. An attorney will not only help you understand the legal process but also ensure that all the paperwork is filed correctly and that your rights are fully protected. They will assist in preparing the QDRO, ensuring that it complies with all legal requirements and is acceptable to the plan administrator. Additionally, an attorney can help you understand the tax implications of the division and advise you on how to handle any potential complications that may arise during the process.

At our firm, we understand the stress and confusion that can come with dividing assets in a divorce. We work closely with our clients to ensure that all aspects of the case, including retirement accounts like 403(b) plans, are handled efficiently and accurately. Our goal is to make the process as smooth as possible so that you can move forward with confidence, knowing that your interests are protected.

Why Choosing the Right Attorney Is Crucial for Your Case

Choosing the right attorney to handle the division of your 403(b) plan is critical for ensuring that you receive a fair and equitable result. Not all divorce cases are the same, and the division of retirement benefits can be complicated. The right attorney will guide you through each step of the process, helping you avoid common mistakes and ensuring that your QDRO is drafted correctly. At the end of the day, you want an attorney who understands the intricacies of the law and is committed to achieving the best possible outcome for your case.

We know that you may be feeling overwhelmed by the thought of dividing your 403(b) plan, but rest assured that you do not have to go through this process alone. Our team is here to provide the support and legal guidance you need during this difficult time. We will work tirelessly on your behalf to ensure that your interests are protected and that the division of your 403(b) plan is handled fairly and correctly.

If you are facing a divorce and need help dividing a 403(b) plan, our team at Mahserjian & Mahserjian-Ortiz, PLLC is here to help. We understand the emotional and financial strain that comes with a divorce, and we are committed to ensuring that your case is handled with the care and attention it deserves. Let us guide you through the process of obtaining a QDRO and dividing your 403(b) plan so that you can move forward with peace of mind. Contact us today to schedule a consultation.