EPISODE · May 1, 2024 · 45 MIN
Ian Steinberg: What Family Court Judges Actually Weigh
from Been There Got Out Podcast · host Chris & Lisa / Ian Steinberg
There is a concept Ian Steinberg calls the guilt window. Early in a divorce, a spouse who feels responsible for how the marriage ended will often give up more to settle, whether that means letting you stay in the house or agreeing to more support. Wait long enough and the guilt curdles into anger, and the window closes.Ian Steinberg is a partner at the matrimonial firm Berkman Bottger Newman & Schein, practicing in New York City, Westchester, Long Island, and New Jersey, with a focus on high-net-worth cases and contested custody. He came to family law from real estate, wanting work with more personal contact, and he points to a decade of refereeing hockey, starting at fourteen, as where he first learned to hold steady while adults yelled at him.Ian and Lisa work through the parts of a case people misread. New York is a no-fault state, so the reason for the divorce rarely moves the financial math, though it can still matter where custody is at issue. Title does not decide who owns what: money earned during the marriage is generally marital, whatever name the account is in, with narrow exceptions for gifts, inheritance, and personal-injury awards. And a workable settlement usually leaves both sides a little unsatisfied, because both had to give.They also talk about the psychology of the other side, including the spouse who needs to feel they got the last word, and how a lawyer builds a proposal around that. Ian is candid about his own guardrails: the emails he has written and deleted, the 24-hour rule his father taught him, and the sanity checks he runs past other attorneys before he reacts. His rule for clients is simple. Anything you would not want a judge to read should not be sent.As always, this is strategic education, not legal or mental-health advice for your specific situation.🎓 What you'll learnWhy "no-fault" means the reason for your divorce rarely changes the financial outcomeThe guilt window: how a spouse's remorse becomes settlement leverage, and why it closesWhy title doesn't control in New York, and what counts as marital property regardless of whose name is on itTreating a settlement as a package, not an a la carte list you give away piece by pieceBuying your freedom: how to weigh what settling fast actually costs youWhy you should write every text, email, and post as if the judge will read itThe 24-hour rule, and the "permission slip" for anything you want to send your exWhat a useful relationship narrative for your lawyer includes, and what to leave out⏱️ Chapters 0:00 Intro 1:00 From real estate to matrimonial law, and what makes a good divorce lawyer 5:00 Refereeing hockey at fourteen, and staying calm under fire 7:00 "I want the judge to care": what no-fault actually means 9:00 The guilt window: turning remorse into settlement leverage 13:00 Compartmentalizing emotion, and building a team 15:00 The relationship narrative your lawyer asks for 23:00 Why title doesn't control marital property in New York 25:00 Leverage, and treating a settlement as a package 29:00 Buying your freedom, and the math of settling fast 31:00 Writing every text and post as if the judge will read it 35:00 The 24-hour rule, the "permission slip," and civility in courtKeep going 💜 Book a free 30-minute discovery call and we'll help you map your next steps: https://beentheregotout.com/call 📘 Been There Got Out: Toxic Relationships, High-Conflict Divorce, and How to Stay Sane Under Insane Circumstances — https://www.amazon.com/dp/194627495X 📘 Been There Got Out: When Your Ex Turns the Kids Against You (our parental-alienation book) — https://www.amazon.com/dp/1967674183 🔗 Ian Steinberg at Berkman Bottger Newman & Schein: https://www.berkbot.com/attorneys/ian-steinberg/About Been There Got Out Chris Barry and Lisa Johnson are high-conflict divorce, custody, and co-parenting strategists, and the founders of Been There Got Out. They know these cases from the inside: both have successfully represented themselves in family court. Few attorneys have a playbook for a case like this — Chris and Lisa write yours with you, so you and your kids can get through it as unscathed as possible.
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There is a concept Ian Steinberg calls the guilt window. Early in a divorce, a spouse who feels responsible for how the marriage ended will often give up more to settle, whether that means letting you stay in the house or agreeing to more support. Wait long enough and the guilt curdles into anger, and the window closes. Ian Steinberg is a partner at the matrimonial firm Berkman Bottger Newman & Schein, practicing in New York City, Westchester, Long Island, and New Jersey, with a focus on ...
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Ian Steinberg: What Family Court Judges Actually Weigh
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