Westchester Divorce Lawyer – Arnold D. Cribari

Category: Affordable divorce

Collaborative Divorce and Maslow’s Hierarchy of Needs

On December 7, 2017, Pauline Tesler, Esq., a California lawyer who has been a pioneer in collaborative divorce practice, gave a presentation before the New York Association of Collaborative professionals entitled “The Art and Craft of Deep Peace.” During that presentation, Pauline shared Maslow’s Hierarchy of Needs (“Maslow’s Pyramid”). In the context of a divorce, Maslow’s Pyramid breaks down the various needs that a spouse going through a divorce may have:                   At the base of Maslow’s Pyramid are basic needs. Basic needs include physiological needs (food, water, warmth, rest) and safety needs (security, safety). The “snake brain” is the part of the human brain hell-bent to satisfy those needs. When basic needs are threatened, they trump all other needs higher up on Maslow’s Pyramid. The snake brain is the most primitive part of the human brain. When something triggers the snake … Read More...

Westchester Collaborative Divorce Lawyer Goes to Trial

After 38 years as a divorce attorney in Westchester County, New York, I can state with absolute certainty that divorce court is toxic, sometimes comparable to descending into Dante’s “Inferno.” It was my hellish experience in divorce trials that drove me to explore collaborative divorce and mediation, and, ultimately, to become a settlement specialist. Most divorce cases can and should be done collaboratively or through mediation. Once in a while, though, a trial is necessary. Such was the case when a man crossed my threshold several months ago, having represented himself in preliminary divorce court proceedings. The trial “train had already left the station,” so to speak, and this man was going to have to face his wife’s attorney in court, with himself as his only legal representation. Three weeks before the trial, he realized that it would be wise for him to get his own attorney, and so he … Read More...

A Westchester County, NY, Divorce: What You Need to Know

Westchester County, NY, has some unique policies and procedures for conducting a divorce through the court system. If your divorce will take place in Westchester County, it is important that you engage a divorce attorney familiar with the distinctive norms and practices in Westchester County divorce court. Moreover, avoiding the court system altogether may be advisable in your case, so consult with a Westchester divorce lawyer well-versed in non-court alternatives such as mediation and collaborative divorce. WHAT’S UNIQUE IN A WESTCHESTER DIVORCE? The first phase of a court-based divorce is called “discovery,” meaning the exchange of documents and information. If you are doing a divorce through the Westchester courts, during the discovery phase the spouses and their attorneys meet with a Court Attorney Referee (CAR). The CAR system – unique to Westchester – has been set up to keep track of discovery information and to lighten the workload of the … Read More...

Collaborative Divorce: The Advantages

A highly regarded Collaborative Divorce lawyer in California, Pauline Tesler, has written the authoritative book on Collaborative Divorce: Collaborative Law, Achieving Effective Resolution in Divorce Without Litigation. The third edition of that book was published in 2016, and it includes a “Collaborative Divorce Handbook.” This handbook is a must read for anyone considering a collaborative divorce.  The information is relevant to a New York divorce, although Ms. Tesler practices in California. The following is the first blog post in a series about the Collaborative Divorce Handbook. For those considering either a collaborative divorce or a traditional adversarial divorce, Ms. Tesler points out eight advantages of Collaborative Law. 1. In Collaborative Law, all participate in an open, honest exchange of information. There is no “hide the ball.” 2. In Collaborative Law, neither party takes advantage of the miscalculations or mistakes of others, but instead identifies and corrects them. 3. In Collaborative Law, … Read More...

Collaborative Divorce: New Ideas are Met with Resistance

Having been a divorce lawyer in Westchester County for almost 40 years, I have been baffled that more divorcing couples don’t choose collaborative divorce. I know about the divorcing process through the court system. It is impossible to overstate the emotional and financial toll that the litigation (court) process takes during a divorce. When presented with a less painful, less expensive, less time-consuming, more private, and more-effective-in-the-long-term alternative, why would anyone choose to litigate their divorce? I think I have stumbled upon the answer. I recently saw online this rejection letter that Einstein received when applying for a doctoral program in physics at the University of Bern. 06 June, 1907 Dear Mr. Einstein, Your application for the Doctorate has not been successful at this time and as such you are not eligible for the position of Associate Professor. While you posed an interesting theory in your article published in “Annalen … Read More...

Divorce in Westchester County: Why Consider Collaborative?

The court system is structured to set conflicting parties in opposition to each other. By definition, this is adversarial. In theory – justice is attained because the side with the most persuasive argument “wins.” In practice, however, when it comes to dissolving a marriage this theory of justice is not borne out in experience. Nobody wins. A divorcing couple’s “day in court” usually comes at an enormous price, depleting their financial resources and causing emotional damage. Moreover, in Westchester County, the backlog of cases is so long, couples can wait months – even years – to get their day in court. This delay further exacerbates the stress on the divorcing spouses. Of course – there are some situations (cases involving domestic violence, for example) where court action is necessary. In most divorce cases, though, there are no clear-cut villains and victims. Just hurt, angry people caught in a system that … Read More...

Mediation and Collaborative Divorce can work for High-Conflict Couples

There is a myth out there that the only way to resolve a high-conflict divorce is to go to court. Actually, mediation and collaborative divorce – in the hands of skilled conflict resolution professionals – can be much better routes for many high-conflict cases. This is especially true for divorces in Westchester County, New York. High-conflict cases usually encompass so many assets and issues – it can be monumentally expensive and time-consuming for the court to resolve every issue. When I say time-consuming, I mean not just months –it can be years! Westchester County, in particular, has a tremendous backlog of divorce cases in the courts. Moreover, the Westchester County divorce courts require attorneys to prepare an elaborate trial notebook, which can cost clients many “billable hours.” The courts are steeped in the adversarial system. In a high-conflict situation, adversarial negotiations function like pouring gasoline on a fire. The non-adversarial … Read More...

Westchester Divorce Advice for High Net-Worth Individuals

High net-worth individuals need to be savvy when looking for a Westchester divorce lawyer. Indeed, all consumers need to be well informed if they are seeking a divorce attorney. That said, high net-worth individuals are especially vulnerable to potential exploitation by attorneys who are eager to generate many “billable hours.” Here are some things to consider when researching and interviewing divorce attorneys. • For most high net worth individuals, collaborative divorce is probably your best option. It is much less expensive than a traditional litigated divorce (divorce through the court system). And since most litigated divorces are settled “on the courthouse steps” so to speak, why not start out with the specific goal of getting a good settlement? • If you are interviewing an attorney who has a reputation as a litigator, what do they say about your options? Do they mention collaborative and mediation as possible alternatives? If not, … Read More...

Choose to Divorce with Dignity

Choosing to divorce with dignity through a collaborative divorce is easier said than done. The verb “choose” implies that the person doing the choosing is making a “free” choice. Yet – unless the divorcing person is a robot or from the planet Vulcan – there are likely to be emotional factors that impinge on a divorcing person’s ability to choose freely. When someone has been hurt deeply by the person they once loved, the ability to make a rational decision is clouded by pain, sadness and anger. The word “collaborative” may raise some emotional red flags. The very idea of choosing to embark on a collaborative process with the person who hurt you may feel too vulnerable. Or, the concept may feel unjust. So – to make a decision in your own best interests – it is important to learn something about collaborative before rejecting it out of hand. And … Read More...

Article on Collaborative Law Featured in the Huffington Post

Collaborative divorce seems to be entering the mainstream. A recent blog post in the Huffington Post provides an excellent overview of collaborative law. When reading it, however, keep in mind that every state in the U.S. can be like a different country when it comes to divorce law AND attorney qualifications. New York has no lawyer specialty certifications. A law license in New York authorizes an attorney with no experience or knowledge beyond what it takes to pass the bar exam to practice any specialty he or she chooses. When choosing collaborative divorce lawyer in New York State, one should ask a prospective attorney how many years of experience he/she has practicing collaborative law, how much rigorous training he/she has had in collaborative skills, to what group(s) of collaborative divorce professionals does he/she belong, and what are the training requirements for membership in said group(s). With that caveat in mind, … Read More...