New York Divorce Litigation Attorney
When Divorce Litigation Would Be Necessary
Divorce litigation refers to a court action that occurs when a couple wishes to divorce but cannot agree on the terms of their separation. If both spouses are unable to reach a settlement agreement on their own, litigation would be necessary. However, if the couple can negotiate an agreement, no litigation need occur. The lawyers would simply draft the agreement and present it to the court.
If the parties cannot agree on issues such as spousal support, child custody, or the distribution of their property, a judge will make these decisions. During litigation, both spouses will be asked to present evidence—which may be in the form of expert witnesses, testimony, or financial documents. The court will then consider this evidence to make a determination on the contested matters of the divorce.
Litigation: The Traditional Approach to Divorce
If you and your spouse are unable to compromise on important issues like child custody, child support, or property division, you may be headed down the path to the courthouse.
Here are a few things you should keep in mind about divorce litigation:
- Your divorce can take months or years to resolve
- Litigation is the most expensive form of divorce
- Divorce litigation requires you to appear in court
- You will need to hire a New York divorce attorney
- All important decisions will be made by a judge
In some cases, litigation is simply unavoidable; however, you should know that you have choices. At Lois M. Brenner, Esq., we can help you decide if litigation, negotiation, or mediation is right for you and help you avoid going to court.
Schedule Your Initial Consultation with Lois Brenner Today
Lois M. Brenner, Esq. is a nationally recognized divorce attorney, highly respected litigator, accredited mediator, and psychologically trained medical professional with decades of experience. If you are searching for a divorce lawyer who will fight for you, look no further than Lois Brenner. Our team has been serving New York City families for more than 35 years, helping them obtain the best possible results.
Call Lois M. Brenner, Esq. today at (646) 663-4546 to schedule your initial consultation.
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We have Lois Brenner to thank for turning our marriage around. We hired Lois as our mediator when we were considering divorce. When we started working with her and she realized we wanted to try to keep our marriage together she suggested a postnuptial agreement to get our marriage back on track. Having the postnuptial agreement made us both accountable when it came to our issues. Having this doc in place is clearly helping us redefine our marriage in a better way. I don’t know if we will never get divorced, but for now we are respecting each others’ boundaries and are aware of the consequences if we don’t! It was really cool that Ms. Brenner suggested this method as an option. Most divorce attorneys would not have suggested a way for us to try to stay together. She is very talented and unusual in the best possible way. If we choose to take the divorce path eventually we will definitely hire her again. In the meantime we are making it work. She is amazing.- Joseph M
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Finding my way to Lois was the best thing that could have happened during my very contentious divorce. Lois took on my case with a level of care that has been above and beyond. She has been an incredible advocate for me, both legally, guiding me through this difficult process with knowledge and wisdom, and also personally, helping give me strength and support to stand up to my very aggressive ex husband. Lois is a gift, and I am so grateful to her and for the future she is helping to make possible to myself and for my son.- SC
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We were looking for a mediator to help us with visitation issues we were having due to the pandemic. With all the problems we were having getting the kids back and forth, and arguing about taking trains and buses during visitations, we called Lois Brenner to help us make some decisions. She really set us straight. She spent a lot of time with us so we could get a parenting agreement together to set some rules we could both agree to. I feel a lot better now. Thank you Ms. Brenner.- Dina
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I met Lois Brenner at a networking group. She spoke on divorce and mediation. At the time I was not in need of a divorce attorney but was so impressed I kept her information. Two years later I hired Lois Brenner and I am finally separated from a man who nearly destroyed my life. Although we were able to do this with her in mediation, it was not easy for me. She really kept me strong, and on top of myself. She was helpful with both of us, and encouraged each of us when needed. It was much better than going through the court system. It took a lot less time and saved us money too. I can’t say enough about her. She is a special attorney. I tell everyone who will listen how special she is.- Pilar
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Amazing, Skillful Mediator!!!! We went to see Lois Brenner for a mediation consultation. We had pretty much decided our marriage was over. We just wanted to end things fair and amicably. Lois Brenner spent so much time with us, and gave us great insight as to how the process would help us, we hired her on the spot. Our sessions thereafter were stealth. She organized us, helped us identify and address all the issues. She showed us how to communicate effectively throughout the process. We were able to address all our issues, especially property and finances, arrive at a comfortable settlement agreement, and now we are waiting for the judge to sign our divorce. What an extraordinary process. I highly recommend Lois Brenner and mediation. She’s super, and mediation really works.- Maggie & Josh
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“Thank you for doing such a tremendous job!”- Bill
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Everything you said about mediation was true. My husband and I really connected in a positive way working out the details of our divorce in mediation with you. The arguing was endless but we finally heard each other. You have a lot of patience. The property discussions made everything so emotional. You kept us focused and stopped us from rehashing the past. We tell everyone about you. Hopefully none of our friends will divorce but if they do we will tell them they need you.- Tom & Philip R.
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I had read about Lois’ unusual divorce method in one of her blog posts. It was refreshing to see someone was working with the psychological issues in divorce. My husband is bipolar and getting him to agree to a divorce and commit to the process was tough. When we met with Lois she really understood him. She immediately identified his mental health issues, and because she has a psych background, she was empathetic to his needs and was skillful at guiding him through her divorce mediation process. It took a while but she really got us to a point where we could actually discuss things without my husband blowing up. Her method is unique and it really helped in our situation. She actually recommended a great psychiatrist who changed my husband’s meds at her urging (she has a medical degree too), and my husband is coping much better. We can’t thank her enough for her compassion and advice! If you need a divorce attorney, especially if mental illness is a part of the fabric of your marriage, go see Lois! Thanks Lois - Beena T.
