With more than 35 years of experience as a divorce attorney and psychologically–trained
mediator, I am a strong advocate for divorce with dignity.
I have mastered techniques using psychology and sound legal strategy to
get couples through the divorce process without going insane or draining
their bank accounts. In my many years of practicing law and medicine and
treating personality and mood disorders, I have learned that separation
and divorce are not simply legal. Psychological issues drive the divorce
process in a critical way.
After witnessing the emotional pain of many couples day after day, I decided
to develop a unique psychologically-infused mediation process to tackle
divorce in a more humane and civil way. My divorce technique addresses
both the head (legal strategy), and heart (emotions) of the divorce process.
This ground-breaking method of marrying legal strategy and psychology
saves couples time, money and pain.
The central truth about divorce today is that divorce is a “psychological
experience.” Divorce is far more than just what’s on the court
papers, or what a judge decides. Divorce is about people, psychology and
the emotional health of a couple. The traditional divorce system is a
conflict-based, lengthy, and costly process which completely ignores the
psychological component of divorce and is far more interested in conflict and cost.
Why fight when you can discuss, negotiate, and participate in a thoughtful
and peaceful divorce process? My divorce mediation method involves behavior
modifications, the use of psychology - identifying personality and character
traits, emotions, family dynamics, and applying the law to develop strategies
for a more positive experience and successful outcome. My divorce approach
is powerful, positive and productive with a special emphasis on the psychology
Mediation is a negotiated process between divorcing spouses on the important
issues: finances, property, spousal and child support, custody and visitation.
As the divorce mediator, my role is to keep you talking, on track and
to make sure negotiations are reasonable and to offer creative suggestions
when you hit a roadblock.
The focus of mediation is for you to control your own divorce. Spouses
have the opportunity to discuss their personal needs and priorities and
to arrive together at an agreement that is fair to both of them.
What divorcing couples feel, think and do has a huge impact on both the
process and the substantive outcome of divorce. Using my divorce method
divorcing couples can get better results, make their journey less adversarial.
For couples that have never traveled the divorce path before, it can be
scary, confusing and overwhelming. When it comes to divorce, the legal
system by its very nature is adversarial, pitting people against each
other with the promise of only one winner and with no room for compromise.
I say, “ If you once were in love, able to organize your lives and
build a life together, you should be able to discuss and organize your
lives to dissolve your marriage and to live apart.”
I often explain to spouses with mediation there are no losers; everyone
is a winner. Mediation offers the opportunity to see your divorce and
your spouse through a different lens.
As individuals go through the process of separation and divorce, it would
be unnatural if people did not have feelings. Husbands and wives may feel
hurt, angry, disappointed, scared, insulted and/or abused. As a result,
divorcing individuals frequently do the following things, which raise
the stakes and often cannot be undone:
1. Take all of the money out of joint savings, checking and investment accounts;
2. Change the locks on the marital residence;
3. Prevent their spouse from seeing the children;
4. Stop paying household bills;
5. Cut off access to credit cards or use them to charge up a storm;
6. Turn off the family phone plan;
7. Insult each other;
8. Threaten a spouse, saying things such as "I will take the children
away from you" and “I will not give you any money.”
I cannot emphasize enough how many divorcing couples have either done these
things or tell me they are planning to do them. Spouses do these things
out of anger, fear, to protect themselves from what they anticipate the
other will do and for revenge. At a first consultation, I discuss strategy
with clients to determine what steps should and should not be taken so
the client is making choices based on logic and choices that will not
be used against him or her or end up in court when it can be reasonably
avoided without unfortunate consequences.
For example, if a spouse prevents the other from seeing their children,
you can be almost certain someone will start a lawsuit and get a judge
to order visitation. If someone stops paying the bills, the other spouse
will go to court to obtain an order of support.
This ensures that the case will be litigated, that each will pay a large
retainer to separate attorneys, and that a judge will make decisions and
orders which neither party may like.
When I meet with a new client, I explain the likely parameters of what
will likely happen if he or she went to court and did not negotiate a
settlement. In New York there are statutes regarding how much spousal
support and child support is normally paid. Why spend the family money
just to get what you would get with a court order? Out of anger and revenge
is usually the answer; but courts are not the answer.
There are three ways to end a marriage: litigation, negotiation or mediation.
In any context, your personality traits and those of your spouse and what
you do, make a major contribution to the outcome of your divorce. The
way property is divided in a family is straight forward. The same goes
for child support amounts and spousal maintenance. There are statutes
in New York that make the outcome fairly predictable these days. So it
does not really make sense for couples to roll the dice and fight in court.
They will get pretty much the same results as if they spent hundreds of
thousands of dollars on lawyers.
Rage and fear are normal feelings couples experience when they are going
through a divorce. However, the behavior and actions of divorcing individuals
can be modified and controlled. I provide couples both the insight and
tools to manage their divorce in a more productive and positive way.
In addition, if a spouse is suffering from a personality or mood disorder,
I help identify features and elements of these problems and guide spouses
on how to respond in productive ways that will benefit them and their family.
If you want to try a highly successful, less expensive, compassionate approach
to your divorce call me! Unlike other divorce attorneys, I will help you
navigate your divorce using the law and psychology to achieve a productive,
fair, amicable agreement and a happier future.
FREE 1 HOUR CONSULTATIONS are very
informative and still conveniently available virtually.
I look forward to speaking with you.
Call New York Divorce Lawyer Lois Brenner now to schedule your free consultation.