Collaborative Law

Kristen Mackay Pennessi, New York Matrimonial Law

The McCarthy Fingar Team

McCarthy Fingar has some of the best collaborative lawyers for divorce and family law matters in White Plains, Westchester and the entire New York metro region. How does Collaborative Law work? When a couple agrees to the collaborative resolution format, each party has his or her own attorney, and makes a formal, written commitment not to go to court, right at the outset. Instead of costly litigation, the parties themselves, with the assistance of their attorneys, meet, set goals, gather information, create solutions and ultimately reach an agreement to resolve their divorce or family law dispute.

McCarthy Fingar’s Leadership in the Community

Part of the reason for the success of the collaborative format is that, once the participation agreement has been signed by the parties and their attorneys, the attorneys cannot represent their clients if the process fails to reach an agreement and/or someone wants to go to court. For instance, if one of the lawyers in our Collaborative Law group represents a client in a collaborative law engagement and a settlement is not reached, our Matrimonial & Family Law group cannot be engaged to represent the client on the continuing dispute.

Because lawyers retained to assist in the collaborative law process cannot represent those clients in a contested matter in court, the attorneys, like the clients, are motivated to “stay the course” and devote as much time as is necessary to the desired out-of-court settlement. As a result, a large proportion of McCarthy Fingar’s collaborative efforts to resolve divorce and family law issues are successful.

Contact Us

McCarthy Fingar’s Collaborative Law lawyers are dedicated to our clients’ success. If you think you may require our assistance or have any questions, please contact Kristen Mackay Pennessi by email (kpennessi@mccarthyfingar.com) or by phone (914-385-1033).

01/15/2026

Donelli Rejoins the Firm as Counsel in our Matrimonial and Family Law Group

Kathleen Donelli

We are pleased to announce that Kathleen Donelli, who was a partner of the firm for many years, has rejoined the firm as counsel. Kathleen is one of Westchester’s best known and most respected lawyers in Matrimonial and Family Law, and is a member of our Matrimonial & Family Law, Collaborative Law, Mediation & Arbitration Practice and Appellate Practice groups. Kathleen continues to be an active member of the legal community, which includes her work as an adjunct professor of Law at Elizabeth Haub School of Law of Pace University and her participation in various committees of the Westchester Women’s Bar Association and the Women’s Bar Association of the State of New York.

10/31/2025

McCarthy Fingar’s Super Lawyers®

Frank W. Streng Gail M. Boggio Irma K. Nimetz Kristen Mackay Pennessi Michael S. Kutzin Susan Taxin Baer

Six of McCarthy Fingar’s lawyers have been selected Super Lawyers in the New York Metropolitan area. Susan Taxin Baer has again been selected in the fields of Estate Planning & Probate. Gail M. Boggio has again been selected in the fields of Estate & Trust Litigation, Estate Planning & Probate and Elder Law. Michael S. Kutzin has again been selected in the fields of Estate Planning & Probate, Estate & Trust Litigation and Elder Law. Kristen Mackay Pennessi has again been selected in the field of Family Law. Irma K. Nimetz has been selected in the fields of Estate & Trust Litigation, Estate Planning & Probate, and General Litigation. Frank W. Streng has again been selected in the fields of Estate & Trust Litigation and Estate Planning & Probate. Super Lawyers is a listing of outstanding lawyers from more than 70 practice areas who have been recognized by their colleagues as having the highest degree of peer recognition and professional achievement.

10/01/2019

McCarthy Fingar’s “Super Lawyers”

Frank W. Streng Gail M. Boggio Kathleen Donelli

Six of our lawyers have been selected Super Lawyers in the New York Metropolitan area. Gail M. Boggio has again been selected in the fields of Estate & Trust Litigation/Estate Planning & Probate/Elder Law. Kathleen Donelli has again been selected in the field of Family Law. Dolores Gebhardt has again been selected in the field of Family Law. James K. Landau has again been selected in the fields of Commercial Litigation and Appellate, and has again been selected for the Top 25 in Westchester County for Super Lawyers. Frank W. Streng has again been selected in the fields of Estate & Trust Litigation and Estate Planning & Probate. Douglas S. Trokie has again been selected in the fields of Business/Corporate, Closely Held Business, Real Estate, Business and Civil Litigation. Super Lawyers is a listing of outstanding lawyers from more than 70 practice areas who have been recognized by their colleagues as having the highest degree of peer recognition and professional achievement.

10/01/2014

Boggio, Bramson, Brophy, Donelli, Gebhardt, Miller & Streng Selected as Super Lawyers

Frank W. Streng Gail M. Boggio Howell Bramson Kathleen Donelli

Seven of our lawyers have been selected Super Lawyers in the New York Metropolitan area. Gail M. Boggio has again been selected in the fields of Estate & Trust Litigation/Estate Planning & Probate/Elder Law. Howell Bramson has again been selected in the fields of Estate Planning/Tax and Corporate Business. Joseph Brophy has again been selected in the fields of Personal Injury/Medical Malpractice, General, Estate & Trust Litigation. Kathleen Donelli has again been selected in the fields of Family Law/Collaborative Law/Appellate. Dolores Gebhardt has again been selected in the fields of Family Law/Collaborative Law/Appellate. Judge Sondra Miller has again been selected in the fields of Appellate/Family Law. Frank W. Streng has been selected in the fields of Estate & Trust Litigation and Estate Planning & Probate. Super Lawyers is a listing of outstanding lawyers from more than 70 practice areas who have been recognized by their colleagues as having the highest degree of peer recognition and professional achievement.

10/01/2013

Boggio, Bramson, Brophy, Donelli, Gebhardt & Miller Selected as Super Lawyers

Gail M. Boggio Howell Bramson Kathleen Donelli

Six of our lawyers have been selected Super Lawyers in the New York Metropolitan area. Gail M. Boggio has been selected in the fields of Estate & Trust Litigation/Estate Planning & Probate/Elder Law. Howell Bramson has again been selected in the fields of Estate Planning/Tax and Corporate Business. Joseph Brophy has again been selected in the fields of Personal Injury/Medical Malpractice, General, Estate & Trust Litigation. Kathleen Donelli has again been selected in the fields of Family Law/Collaborative Law/Appellate. Dolores Gebhardt has again been selected in the fields of Family Law/Collaborative Law/Appellate. Judge Sondra Miller has again been selected in the fields of Appellate/Family Law. Super Lawyers is a listing of outstanding lawyers from more than 70 practice areas who have been recognized by their colleagues as having the highest degree of peer recognition and professional achievement.

10/01/2012

Bramson, Brophy, Donelli, Gebhardt & Miller Selected as Super Lawyers

Howell Bramson

Five of our lawyers have been selected Super Lawyers in the New York Metropolitan area. Howell Bramson has been selected in the fields of Estate Planning/Tax and Corporate Business. Joseph Brophy has again been selected in the fields of Personal Injury/Medical Malpractice, General, Estate & Trust Litigation. Kathleen Donelli has again been selected in the fields of Family Law/Collaborative Law/Appellate. Dolores Gebhardt has been selected in the fields of Family Law/Collaborative Law/Appellate. Judge Sondra Miller has been selected in the fields of Appellate/Family Law. Joe Brophy has also been selected as one of Westchester’s top 25 lawyers. Super Lawyers is a listing of outstanding lawyers from more than 70 practice areas who have been recognized by their colleagues as having the highest degree of peer recognition and professional achievement.

05/09/2006

Bramson and Donelli Lecture on Tax Issues Related to Divorce

Howell Bramson

Howell Bramson and Kathleen Donelli lectured on “Tax Issues Related to Divorce” on May 9, 2006 at The Bank of New York in White Plains. For lecture materials, click on Seminar Outline.

The Constitionality of New York’s Grandparent Visitation Statute in Light of Troxel v. Granville (27 Westchester Bar Journal 19, May 06, 2000)

by Kathleen Donelli on 05/06/2020 Kathleen Donelli [Read in full]

Tax Issues Related to Divorce

by Howell Bramson on 05/09/2006 Howell Bramson

(The Bank of New York)

[Read in full]

Landmark Decision Removes Burden from Parent Needing to Relocate (Legal Notes, Fall 1996)

by Kathleen Donelli on 10/06/1996 Kathleen Donelli [Read in full]

The Drafting of Relocation Clauses and the Challenge It Presents (The Matrimonial Strategist, Vol. XIV, Number 4, May 1996)

by Kathleen Donelli on 05/01/1996 Kathleen Donelli [Read in full]

Dirks v. SEC: New Guidelines for Tippee Liability under Rule 10b-5, 4 Pace Law Review 631 (1984)

by Kathleen Donelli on 05/01/1984 Kathleen Donelli [Read in full]

Tropea v. Tropea, 87 N.Y.2d 727, 665 N.E.2d 145, 642 N.Y.S.2d 575 (1996)

Kathleen Donelli

Kathleen Donelli

Matrimonial & Family Law – Appellate Practice – Child Relocation

Custody of minor children is sometimes an issue that continues after the parents obtain their divorce and have reached agreement on visitation issues. Sometimes, the custodial parent seeks to change his or her location, and the noncustodial parent cries foul and seeks to prevent or oppose that relocation. In Tropea, Kathleen Donelli prevailed in a child relocation case in New York’s highest court, the New York State Court of Appeals. Tropea established the prevailing law in New York on relocation.

[Read in full]
Presenter Description Organization Date
Kathleen Donelli
Kathleen Donelli

Post Judgment Relief and Uncontested Divorces

New York State Judicial Institute,

01/08/2016
Kathleen Donelli
Kathleen Donelli

Hot Topics in Equitable Distribution

New York State Judicial Institute

03/25/2015
Kathleen Donelli
Kathleen Donelli

Applications for Temporary and Final Relief in Matrimonial Actions: Maintenance, Equitable Distribution, Child Support and Counsel Fees

New York State Judicial Institute

01/07/2015
Kathleen Donelli
Kathleen Donelli

Anatomy of a Disciplinary Hearing

Committee on Attorney Professionalism of the New York State Bar Association.

12/05/2014
Kathleen Donelli
Kathleen Donelli

Money Matters: How the Psychology of Money Impacts our Practice of Law

Westchester Women’s Bar Association

01/08/2014
Kathleen Donelli
Kathleen Donelli

Motion Practice in Matrimonial Actions

Pace University School of Law

04/08/2013
Kathleen Donelli
Kathleen Donelli

Ethics and Professionalism

Pace University School of Law

03/16/2013
Kathleen Donelli
Kathleen Donelli

No Fault Divorce and Maintenance Issues

New York State Judicial Institute

03/13/2013
Kathleen Donelli
Kathleen Donelli

Ethics & Professionalism Update 2012

Pace University School of Law

02/05/2012
Kathleen Donelli
Kathleen Donelli

Impact of Current Economy on Matrimonial Cases: House Sales, Foreclosures & Bankruptcies

Westchester Women’s Bar Association

01/10/2012
Kathleen Donelli
Kathleen Donelli

Avoiding Ethical Dilemmas in Day-to-Day Practice

Committee on Attorney Professionalism of the New York State Bar Association

11/30/2011
Kathleen Donelli
Kathleen Donelli

New Matrimonial Laws: No Fault Divorce, Temporary & Post Divorce Maintenance Guidelines, Counsel & Expert Fees, Modification of Child Support & Orders of Protection

Women’s Bar Association of the State of New York

05/22/2011
Kathleen Donelli
Kathleen Donelli

New Matrimonial Legislation

New York State Judicial Institute at Pace

03/23/2011
Kathleen Donelli
Kathleen Donelli

New Divorce Legislation – No Fault Divorce, Maintenance Guidelines, Counsel & Expert Fees, Modification of Child Support

Westchester Women’s Bar Association

10/14/2010
Kathleen Donelli
Kathleen Donelli

Protecting Assets Before a Divorce

UJA Federation of NY

01/03/2008
Kathleen Donelli
Kathleen Donelli

Collaborative Law and the Role of Law Guardians

Pace University School of Law

10/21/2006
Kathleen Donelli
Kathleen Donelli

Equitable Distribution in Matrimonial Actions

Westchester Women’s Bar Association; Northern Westchester Shelter

10/03/2006
Kathleen Donelli
Kathleen Donelli

Family and Matrimonial Law Series

Northern Westchester Shelter

10/03/2006
Howell Bramson
Howell Bramson
Kathleen Donelli
Kathleen Donelli

“Tax Issues Related to Divorce”

The Bank of New York, White Plains, New York

05/09/2006
Kathleen Donelli
Kathleen Donelli

Initial Contact with Matrimonial Clients

Pace University School of Law

02/08/2006
Kathleen Donelli
Kathleen Donelli

Letters of Engagement

Pace University School of Law

02/04/2006
Kathleen Donelli
Kathleen Donelli

Divorce Law in New York State

Pace University School of Law’s Women’s Justice Center

07/27/2004
Kathleen Donelli
Kathleen Donelli

Equitable Distribution

Westchester Women’s Bar Association; Northern Westchester Shelter; Victims Assistance Services

03/18/2004
Kathleen Donelli
Kathleen Donelli

Letters of Engagement and Fee Dispute Arbitration

Pace University School of Law

02/07/2004
Kathleen Donelli
Kathleen Donelli

Pendente Lite Motions: Temporary Support and Relief Pending a Divorce Judgment

Pace University School of Law’s Women’s Justice Center

06/12/2003
Kathleen Donelli
Kathleen Donelli

Children’s Records Law in New York: Access to Mental Health Records

Lorman Education Services

06/05/2002
Kathleen Donelli
Kathleen Donelli

Child Support and Maintenance

Pace University School of Law’s Women’s Justice Center

05/28/2002
Kathleen Donelli
Kathleen Donelli

Taking and Defending Depositions

Westchester Women’s Bar Association

04/24/2002