Separation Agreements – Page 4

24 Oct, 2017

When Love and Marriage Don’t Go Together like a Horse and Carriage….What’s Left?

By Cheryl Stein| 2017-11-26T17:59:29+00:00 October 24th, 2017|Divorce Finances, Separation Agreements|

Marriage is inherently deemed an economic partnership, according to the law, and upon its dissolution, the accumulated assets and interests are to be distributed on the basis of the economic needs and circumstances of the parties. Equitable distribution in New York is fact specific, and not a 50/50 split, like it is in the community property states, such as California, Arizona, Nevada, and Alaska. (There are 9 community property states in total.) Much is left to judicial discretion in this neck of (more...)

26 Apr, 2017

Help! Is My Attorney in Bed With My Ex’s Attorney?!

By Cheryl Stein| 2017-04-27T17:40:47+00:00 April 26th, 2017|Collaborative Divorce, Divorce Mediation Process, Separation Agreements|

On several occasions, I have been the incoming attorney where the client did not trust the attorney they initially retained, because they felt that attorney was in bed with their ex’s attorney, so to speak. They had observed the two attorneys — opposing counsel to one another on the given case — engage in overly friendly behavior and banter in the court hallways and overheard their attorney cutting deals and verbally committing to settlement agreements to the opposing counsel that they had not (more...)

11 Jul, 2016

There’s No Such Thing as a Gentlemen’s Agreement…and Then Some!

By Cheryl Stein| 2016-09-13T19:38:52+00:00 July 11th, 2016|Divorce Finances, Divorce Mediation Process, Separation Agreements|

Often when couples first begin talking about divorce, they come up with their own agreement: “I'll take this, and you’ll take that…I’ll be responsible for this, and you’ll be responsible for that.” Sometimes, they recruit a mutual friend to play makeshift mediator, and then somewhat live under the terms of the agreement they contrive. However, this agreement is unenforceable, as it is usually either a gentleman’s agreement or one written, but not signed, notarized, and acknowledged in the manner required by the (more...)

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