fbpx
sih-logo-desktop
Call us today (516) 352-2100

Don’t Want To Go To Court? Mediation Is Your Solution

Writings on Legal Matters

Don’t Want To Go To Court? Mediation Is Your Solution

In an ideal world, the only time the courts have to get involved in your marriage is when you head to the courthouse for your marriage license. Unfortunately, some marriages don’t follow the path we hoped for and result in irreconcilable differences that leave one or both spouses ready to move on.

We hear from family law clients who have nowhere else to go but don’t want to go to court. The court process can be expensive, exhausting, and expose your personal business to far too many outsiders. The answer in this situation isn’t to just skip the divorce and either force yourselves to stay together or just go through life as a married but separated couple – the answer is mediation. So, what can mediation actually do for you?

Provide a neutral view

Mediation provides an opportunity to find a middle ground and dispel any unreasonable demands and expectations that are getting in the way of both sides moving on amicably. The mediator in your case should be a neutral third party with no prior engagement with either spouse. This means they’re likely to have a clearer view of your situation than either of you have as the separation likely stems from and results in biases towards each other.

Our mediators are trained and certified to take a thorough neutral approach to each situation. They will hear from both sides of the dispute and use their training to spot any clear biases or unreasonable demands. It’s highly unlikely that the mediator will look at your situation and insist that one side is responsible for the situation. Instead, both parties will likely have to participate in the give and take of divorce.

Save money and time

One of the most obvious benefits of mediation is that you don’t have to drag each other through court. When you get divorced and are not making progress on resolving disputes like child custody, child support, asset division, and other important matters, the attorney fees will stack up quickly. Both parties will need to retain their own attorney whereas the fee for a mediator will be split between both parties.

On top of that, “time is money” as the saying goes. You will save a significant amount of time going through mediation instead of going to court. Courts are often backed up which could make it challenging for you to get in front of a judge. This means your divorce could take months to resolve. Mediators are generally more accessible and won’t take as many hearings or meetings to conclude your case.

Maintain control

What’s important to know is that you are not locked into any of the conclusions and recommendations reached by the mediator. Both parties have to make the decision to move toward an amicable split on their own. The same can’t be said for the court process where a judge who has taken a short amount of time on your case in between dozens of other cases and make a final decision.

A mediator allows couples to maintain control over their split without the overbearing pressure to definitively resolve every dispute. It’s important to go into mediation understanding your work continues even when you’re sitting in the room with them.

At Sunshine, Isaacson & Hecht, we provide matrimonial mediation. Our team of experienced, trained, and certified mediators have extensive experience bringing exes to an amicable middle ground. We know the importance of peace of mind as well as saving you time and money. Contact us for a firm with unrivaled expertise and dedication.

Top Divorce Questions: Who Pays The Legal Fees?

Writings on Legal Matters

Top Divorce Questions: Who Pays The Legal Fees?

{2:40 minutes to read} Almost every new client that consults with our firm for a divorce proceeding asks one of two
questions:

Does my spouse have to pay for my lawyer? OR
Do I have to pay for my spouse’s lawyer?

The answer comes as a surprise to most. The Domestic Relations Law has a rebuttable presumption that the “monied” spouse will pay the “non-monied” spouse’s attorney’s fees. The idea behind the law is to try and level the playing field when there is a big discrepancy between the incomes of the divorcing parties. After all, the law doesn’t want the person with less money to be at a disadvantage.

That being said, this is not simply a windfall for the spouse with less financial power, who at times thinks that they can litigate cost-free while their spouse pays the bill at the end. The “monied” spouse always has the opportunity to rebut the presumption that they should pay all legal fees by showing the Court that the other spouse has the ability to pay for their own attorney, or by showing that their spouse unnecessarily drove up the cost of the litigation.

Let’s say for example that the spouse earning substantially less money, or earning no income as a stay-at-home parent, has substantial assets, inheritance, or money available to him or her. He or she may have the ability to pay his or her own legal fees, and an award from the Court would not ‘level the playing field,’ but would instead provide an unfair advantage. So, while the starting point may be that a spouse without income is entitled to have his or her legal fees paid by the other spouse, equity and fairness should prevail once it is demonstrated to the Court that the same spouse is already on a level playing field because of other assets or circumstances.

On the other side, however, if one spouse truly does not have the income or assets to litigate with, the Court will level the playing field immediately at the commencement of the case, or even in the middle of the case, and the higher courts have held that it is an error when the trial court fails to “level the playing field.”

What is the best approach?

There are different strategies to use when approaching this issue, depending on which side you fall on. If there are liquid marital assets, we often get creative and try to split up one or more of those assets ahead of time. We recommend this approach to litigants on both sides, because it helps the “non-monied” spouse in that he or she will now have the funds with which to pay his or her attorney and for living expenses, and it also helps the “monied” spouse, who now may not have to pay his or her spouse’s legal fees because the other spouse has the financial ability to do so. This strategy also helps alleviate the need for one spouse to constantly ask the Court for additional money for legal fees and living expenses, and it alleviates the need for the other spouse to defend against such requests—thus reducing the cost of litigation for both sides.

Our approach actually helps both sides during the litigation, and the less that you pay in legal fees on these issues, the more money there is available for you and your spouse!

Please contact us today with questions or comments.

Our Top Three Tips for Moving On After Divorce

Writings on Legal Matters

Our Top Three Tips for Moving On After Divorce

 

When your divorce ends, what will you do with your newfound freedom? It’s exciting to think about all the opportunities that await you, but many find it a bit intimidating as well. If you were married for a long time, you might feel like you’ve forgotten how to be alone, as if it were a skill that you need to relearn. 

The Sunshine, Isaacson & Hecht team has worked with countless people as they undergo divorces, both highly contested and amicable. There’s one commonality we have noticed: While moving on is exciting, it is also scary and a little confusing. That’s why we want to share our tips for making your transition into post-divorce life as seamless as possible.

  1. Allow yourself to feel your feelings.

There are going to be a lot of emotions to feel in the coming weeks, months, and even years. It’s a bad idea to ignore your feelings because you think you should be “over it” or because it’s easier to ignore tough things. If you beat down the bad feelings, you’ll find that you unintentionally ward off the good ones as well. We highly recommend working with a therapist to better understand and process your emotions. They can teach you coping mechanisms that will help you deal with your feelings in the healthiest way possible.

  1. Utilize your support system.

Friends and family will want to be there for you — let them. Don’t turn down a coffee date with your best friend because you think he or she is tired of hearing you talk about your situation. Accept the invitation. Let your friends and family distract you when you need to be distracted, offer advice when you need advice, and listen to you vent when you need to vent. It’s not an imposition and it shouldn’t make you feel guilty. When you’re not sure about it, think about how much you would want to be there for them if they were going through something similar. 

  1. Try something new.

After a divorce, you get to rediscover your identity as a person who is not tied down by an unhappy marriage. Who are you when you’re independent? You get to decide! It’s a great time to try a new hobby, whether it’s meditation or yoga or cooking or ballroom dancing. Experiment! Have fun! There’s no one to stop you from splurging on a pottery-spinning class anymore, so why not go for it?

If you are facing divorce or another family law matter, the Sunshine, Isaacson & Hecht team is here to help. We have extensive experience helping clients navigate every aspect of a divorce. Contact us today!

Preparing For A Weather-Related Property Damage Claim

Writings on Legal Matters

Preparing For A Weather-Related Property Damage Claim

In a perfect world, this blog wouldn’t be necessary. New York isn’t a common target of major weather damage – but it does happen.

We’re coming up on ten years since Hurricane Sandy hit New York. It’s important to take some of those lessons learned and make sure you, your home, and your business are prepared should you need to file a claim. We want to make sure you take the necessary steps before and after severe weather hits.

Document all property

One of the most important aspects of a claim will be knowing what property and value you’re actually claiming. Insurance companies are going to be stingy and won’t let you slip in a claim that you don’t have proof of.

Before you even know a hurricane could possibly be coming your way, you should document all your valuables and the condition of your home or business. This includes making a list of those valuables and their estimated value (if you have receipts then keep them when possible).

Take pictures

More important than listing out those valuables is actually taking pictures of them. Take a few minutes to walk around your home or business and take pictures in all the rooms. If you have items that are of high value that could be at risk during a weather event then take closeup pictures, as well.

The combination of receipts, documentation, and pictures of your property will go a long way towards securing your claim. Pictures of the condition of your home also help – especially if you’ve taken specific steps to secure your home against severe weather. If you’ve boarded up windows or moved outdoor furniture indoors to prepare for a hurricane then this will further solidify your claim.

Review your insurance policies

Unfortunately, we often hear from home and business owners who are surprised to find out certain claims aren’t covered by their insurance policies. It’s best to familiarize yourself with your coverages BEFORE an event, not after.

Review all policies you have and make sure what you need is actually covered under the policy. If you find out that certain damages from a weather event aren’t covered then you may need to consider taking steps to mitigate those risks or find a new insurance policy.

Contact an attorney before filing a claim

When you have a significant loss, it’s imperative to file a claim as soon as possible. However, you should talk to your attorney first. You’ll need to understand your rights and make sure you don’t slip up and make a mistake during the claims process. Everything you say in writing and verbally to your insurance company could end up being used against you.

At Sunshine, Isaacson & Hecht we are always here to help New Yorkers with property damage claims. Contact our team if you are about to file a claim or have filed a claim and feel like you’re being shorted what you’re owed.

A Brief Introduction to New York Navigation Law 181

Writings on Legal Matters

A Brief Introduction to New York Navigation Law 181

“If your property has been damaged due to the spilling of petroleum/oil products, and if your life has been turned upside down as a result of the spill, we are here for you.”

The state of New York takes environmental safety very seriously, and has many laws on the books to help protect the Long Island Sound, lakes, rivers, and land in the area. New York Navigation Law 181 is an especially important law because it protects New Yorkers who become victims to an oil or petroleum spill that affects their home, business, or land. According to the law, a company that causes the spill will be heavily responsible for the spill. The law is quite severe to reflect the extensive and potentially long-lasting damage that these products can cause to the environment – and to the victims and their families.

Responsible Party

One of the most important things to be aware of when it comes to this law is that it applies to the responsible party/parties regardless of fault. This means that even when the oil company accidentally spills oil when delivering it to a home, the company is nonetheless responsible for cleaning it up and compensating the victim.

Overview of Potential Fines

The potential penalties associated with this law can be quite severe and must be taken very seriously. The specific amount will depend on many factors including the amount of petroleum products released into the environment, the amount of damage done, and the effect of the entire process on the property owner. There are various categories of damages that can be charged and recovered under this law, including:

  • Damage to Property – Any costs associated with restoring, repairing, and replacing damaged or destroyed real property in or around the home or business.
  • Diminished Value of Real Property – If the property has a diminished value as a result of the environmental disaster, the homeowner or property owner can be compensated for the decrease in value compared to the value as if the event had not occurred.
  • Natural Resources – Any costs associated with restoring or replacing any natural resources.
  • Loss of Income – If the damage resulted in the loss of income or earning potential for the owner of impacted property, the responsible party must repay this money.
  • Loss of Personal Property – This can include clothes, furniture, etc. that has been damaged as a result of the event must be replaced
  • And more…

Offering Aggressive Representation

If your property has been damaged due to the spilling of petroleum products, and if your life has been turned upside down as a result of the spill, we are here for you. Our legal team has the experience needed to handle these often very complex cases, and we understand the importance of getting it right. Please contact us at 516-352-2100 to schedule a free consultation today.

How is Spousal Maintenance or Alimony Calculated in NY?

Writings on Legal Matters

How is Spousal Maintenance or Alimony Calculated in NY?

Not too long ago, alimony (now known as spousal maintenance or spousal support) was entirely discretionary.  This caused a lot of litigation as there was no real expectation as to how much the Court might award.  If one attorney told the client to expect to receive $2,500.00 per month, while the other attorney told the opposing client to expect to pay $500.00 per month, both parties would end up spending thousands of dollars litigating the issue, each thinking that he or she was “right” and that the other was unreasonable.

Today, it’s different.  Now, New York has a formula for the presumptively correct amount of spousal maintenance or alimony, which takes a lot of the guess-work out of equation.

When maintenance is awarded, the support is rarely permanent, as the expectation is that the receiving spouse will find a job or receive the education and training they require to become financially self-sufficient. The spouse requesting it will have to demonstrate a need for short or long-term financial assistance and a financial disparity between the parties.

Typically, New York judges use the following formula to calculate maintenance:

  • Subtract 20% of the requesting spouse’s income from 30% of the other spouse’s income
  • Multiply the combined spouse’s total income by 40% and subtract the the requesting spouse’s income 

The lesser amount of these two calculations will be used to determine the support award on an annual basis. The Court might “deviate” and make the award larger or smaller based on the circumstances, but the calculation at least gives everyone an approximate idea of what the number should be.  Additional factors that impact the amount awarded include:

  • Whether there is also a child support award. 
  • If the Payor’s income exceeds $192,000, in which case the court may award additional alimony, and base the amount on other factors that include the age and health of each spouse, their respective present and future earning capacities, and the need of one spouse (usually the recipient) to incur education or training expenses.

The Court will also calculate the duration (or length of time) of the award pursuant to a formula.  The duration calculation is based on brackets of time and approximate number of years.  For marriages between 15 years and 20 years, the duration of maintenance may be between 30% and 40% of the total time you were married. For longer term marriages, the duration of maintenance may be between 35% and 50% of the total time you were married.  For example, if you were married for 30 years, the duration of maintenance could be anywhere from 10+ years to 15 years.  

Except in rare instances, spousal support is only paid for a fixed amount of time specified in the court order. The expectation is that at some point in the future, the receiving spouse will become financially independent. If permanent alimony is awarded, it typically ends when one of the spouses passes away or the recipient remarries.

Contact us

Proving the need for alimony involves some complex calculations as well as consideration of the recipient spouse’s lifestyle, age, health, and need to care for minor children. At Sunshine, Isaacson & Hecht, we understand how worrying it can be to think about your post-divorce financial outlook, especially if you left the workforce to care for your family, and will fight for an award that ensures stability while you prepare to become financially independent. For more information or to schedule a consultation, call (516) 352-2100.

Review Your Insurance Policy Before It’s Too Late

Writings on Legal Matters

Review Your Insurance Policy Before It’s Too Late

When is the last time you looked at what your insurance plan covers? Americans are required to have insurance policies for several scenarios – many simply find the cheapest option and buy it. We aren’t here to tell you to buy more expensive insurance, but we are here to make sure you understand what you’re actually paying for.

In an ideal world, homeowners insurance, car insurance, and other property-related insurance policies would never be necessary. Unfortunately, we know too well that accidents and weather events happen – putting our insurance policies into action. You need to know which situations are covered and which are not covered today, not after you’ve already had an incident.

We’re going to explore some situations where reviewing your insurance policy beforehand would be necessary.

Weather Events

Let’s talk about this first because, frankly, it’s unpredictable. We are able to plan for many life events, but weather events often come quickly with little to no warning. Unfortunately, you can’t change your policy once a storm is imminent. Otherwise, everybody would opt for the cheapest plan and then increase coverages solely for the period in which the storm is coming through.

Instead of waiting until it’s too late, you should review your plan today. Consider questions like:

  • Do I live in an area with frequent storms or flooding?
  • Do I live in an area with frequent earthquakes?
  • If a catastrophic storm destroys my property today, what will my insurance pay for tomorrow?
  • Have I made significant changes to my property since buying this policy?

Renovations or Additions

You should review your policy before you make renovations or additions to your home or vehicle to understand what coverages you have in case something goes wrong. Would you be held liable and not be covered? Does your insurance cover cars that have been modified?

Then, once your work is done, you may want to review your coverages once again to make sure the new value of your property is reflected. A renovation or addition to most homes or vehicles will increase its value, meaning you may need to increase coverages.

It’s Been a While Since Your Last Review

Even if you don’t have any big life events on the horizon, we want to stress the importance of simply giving your insurance another look. There are numerous scenarios that you may not have considered that could impact your policy.

For instance, you may be eligible for loyalty rewards for being a long-time customer. You also may have made a job change that requires you to travel less with your vehicle, lowering your mileage and insurance costs.

Knowledge is power in all circumstances, including when it comes to insurance. The more you know about your coverages the better protected you are when you need to file a claim. At Sunshine, Isaacson & Hecht, we constantly work with clients to make sure they’re getting the most out of their insurance when it comes time to make a claim. Contact our firm today for unrivaled expertise and dedication.

Need help today? Get in touch for a free case evaluation.

Facing a legal challenge and have a question? Contact us today and receive a free case evaluation from one of our experienced attorneys.

Free Consultation