Westchester Divorce Lawyer – Arnold D. Cribari

Category: Divorce Litigation

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...

New York Divorce: Questions Raised by the Brangelina Break-up

The most famous divorce in the news is, of course, the Brad Pitt-Angelina Jolie split. Needless to say, their divorce isn’t exactly typical. Moreover, Ms. Jolie filed for divorce in California, which has very different statutes and case law from New York divorce laws. This recent article from the New York Times gives some good basic information regarding divorce options for couples residing in New York State. http://www.nytimes.com/2016/10/01/your-money/how-rich-couples-who-arent-pitt-and-jolie-manage-their-divorces.html?smid=fb-share&_r=0 The article is a bid misleading in the way it describes team of “neutral” professionals who work on a collaborative divorce. Actually, each spouse in the divorce has their own attorney. But collaborative attorneys are trained in conflict resolution and interest-based negotiation, which is very different from the adversarial negotiation model that most attorneys know. So collaborative represents the best of two models. Collaborative is a form of mediation, which seeks to reduce conflict and facilitate a settlement that works well for … Read More...

Marital Separation

There is much confusion about what it means to have a separation from your spouse. An informal separation simply means that you and your spouse are living apart. There is no legal document or court involved. A legal separation can take two forms: the separation can be according to a binding, written Separation Agreement between you and your spouse, or the separation is in compliance with a judge’s determination that you are legally separated. The latter, called a judicial separation, is very rare. Almost all legal separations are formalized in a binding written Separation Agreement. Except for dissolving the marriage, all issues are resolved, including custody, visitation, spousal support, child support, division of assets, medical insurance, life insurance, and all other financial issues between you and your spouse. There are also provisions in the Separation Agreement that state that you and your spouse have the legal right to live separate … 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...

Why do a Prenuptial Agreement: Part 2

Prenuptial agreements typically address issues that would, otherwise, be decided by a judge in divorce court. Agreements can settle one or more of the following subjects: how assets (and debts) will be distributed during the marriage, and/or in the event of a death or a divorce each spouse’s entitlement to maintenance (i.e. alimony), including the amount and period of time of an alimony award each spouse’s right to property (whether owned individually or as a couple) each spouse’s right to buy, lease, sell, transfer or otherwise control property each spouse’s rights and responsibility in a family business each spouse’s right to death benefits from the other’s life insurance policy the state law which governs the agreement, or any other issue the couple agrees upon. Couples have a good deal of freedom in creating prenuptial agreements. There are, however, some issues that a “pre-nup” cannot cover. For example, an agreement cannot … Read More...