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Is Your New Year's Resolution to Separate or Divorce?


If you are looking at divorce in the new year, I’m here to guide you, keep you on track, and help you meet your divorce goal in 2021!

Do you know there is a National Divorce Day? It’s true, and it's shortly after Christmas and New Year where divorce lawyers see a surge in inquiries.

National Divorce Day always falls on the first working Monday of the New Year.

Many couples wait until after the festive season has finished to avoid a messy divorce over the holidays.

National Divorce Day started the day people returned to work and decided they had enough, wanted out of their marriage, craved a fresh start, and took action. They started Googling divorce and made phone calls to divorce attorneys. I have received quite a few of these calls over the years myself.

For decades, as a seasoned divorce attorney/mediator, I have guided unhappy spouses successfully through the divorce process. I can show you what’s possible, what’s fair, and how it all works.

Let me help you prepare for your divorce in 2021.

Here’s what you need to know about Separation and Divorce:

  1. Don’t be afraid; separation/divorce is not as scary as it looks;
  2. Keep in mind nothing will happen until you take the first step;
  3. Find the right attorney/mediator for you;
  4. You are entitled to certain benefits; know what your rights are and what you are entitled to;
  5. You can separate, divorce, or consider a postnuptial agreement;
  6. There are different vehicles to obtain a divorce--mediation, litigation, negotiation; learn what they are;
  7. Divorce is not just the sad end of a part of your life, but a happy, healthy beginning of the rest of your life!

So should you separate, divorce, or consider a postnup?

You don’t have to jump to a divorce. Sometimes a separation can work well too. So when clients consult with me they frequently ask me if they should separate or divorce.

Some consider separation because they want to give the marriage a break, for a possible repair. For others it’s because of health insurance, which you get to keep if your spouse has you covered on his or her policy. You can only stay on that policy if you are still married. So some couples just get a separation and go their separate ways. But remember, if you only separate, you can't remarry! If you divorce, you can remarry!

Some have made up their mind and want a divorce so they can move forward with their lives. For those in abusive relationships they see divorce as their only option.

There is a third option that often comes as a surprise--it is signing a postnuptial agreement.

This is an agreement affecting the couples' rights in the event they later decide to divorce. This leaves them still in a valid marriage but pre-plans their divorce if it should happen in the future.

There are various circumstances where this might be appropriate, such as when a marriage is in difficulty, but the parties would still like to work on preserving the relationship.

During a free consultation with me many issues can be addressed.

The important points we will discuss will include:

  1. Equitable distribution of property
  2. Definitions of marital property and separate property
  3. Spousal maintenance
  4. Estate rights
  5. Pension rights
  6. Child support
  7. Child custody
  8. Child visitation
  9. Health insurance
  10. Life insurance

If you are considering divorce after the holidays, call now for your free consultation to prepare to take the first step.

It’s time to take charge of your life and live a happier 2021!

During the ongoing COVID-19 pandemic all our FREE 1 HOUR CONSULTATIONS are conveniently conducted virtually to reduce risk.

Call now to book your free consultation. 212.734.1551

I look forward to helping you prepare for your divorce and starting a happier life in 2021.

Stay healthy and safe!

Warm regards,


New York divorce lawyer Lois Brenner is offering a free, informative divorce consultation.

Call 212.734.1551.

We still have a few openings available this week.