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Litigation? Mediation? Which Path Will You Choose?


There are two ways to get divorced in New York. One is litigation, the old traditional way in court. Both parties hire an attorney and they fight it out. The other path is the new, more progressive process of mediation. An attorney/mediator guides a couple to make decisions together, avoiding court, confrontation, and expensive legal fees.

As a psychologically-trained divorce attorney and mediator, I handle both procedures along with my colleagues and team of experts. During my free consultation, after hearing all the facts, I can usually assess which path will be best. I make recommendations based upon our discussions, and I encourage spouses to choose the best path for them and their families.

When I consult with a spouse there is a lot to discuss:

  1. Is there a possibility of civility between the parties;
  2. Will it be necessary to fight;
  3. What steps have already been taken toward divorce;
  4. Are they both still living together;
  5. How long is the marriage;
  6. Are there children;
  7. Do both parties work;
  8. Are there properties, assets, pensions;
  9. Are there mental illness issues or addictions propelling the divorce;
  10. What will custody look like;
  11. Do both parties want a divorce;
  12. What do you want from this divorce?

There are lots of questions I will ask you during your free consultation.

I will also answer all your questions such as:

  1. How to start a divorce proceeding;
  2. How to obtain temporary support;
  3. Are you entitled to support;
  4. Custody- sole or joint;
  5. What does “no fault” mean;
  6. How to negotiate to get what you want;
  7. Does it matter if your spouse is cheating or hiding assets;
  8. What is it like to go to trial? How does that compare to mediation?
  9. Can mediation work even if both parties are angry?
  10. When is it absolutely necessary to go to court and fight?

For over 35 years as a divorce attorney and mediator I have been guiding spouses successfully to find the right path to divorce. When considering divorce there is so much to think about, and lots of questions and concerns.

As a seasoned divorce attorney I can help you successfully move through this process. It’s important to be informed, know your options, and find some clarity so you can make important decisions.

Let me be your divorce guide. Call me, ask all your questions, and let me give you lots of helpful answers.

Our FREE 1 HOUR CONSULTATIONS are very informative and conveniently conducted virtually to reduce risk!

I look forward to speaking with you.

Continue to Stay Healthy & Safe!

Warm regards,


Call Attorney Lois Brenner Now to schedule your FREE consultation!


A few openings are still available for this week.

Some Exciting News!

I am in the process of writing a book about the psychology of divorce mediation.

My current book, "Getting Your Share," published by Crown, explains in detail the litigation process. Contact me if you are interested in more information about my books.