The media often portray divorce with ex-spouses lawyered up as courtroom adversaries — the same folks who once pledged to hold each other through better or worse now as mortal enemies fighting over the turf of their children’s hearts and minds. Going through a divorce can be a challenging, trying process. The reality is that divorce is usually much more complicated and nuanced. Most clients I see are sad and confused and grieving and tender and thoughtful and hurt … read more »
New York’s highest court, the New York State Court of Appeals, made a long overdue and unquestionably important decision last month—that a de facto parent who is not a biological or adoptive parent has standing to petition for custody and visitation. This comes up in the context of same-sex relationships where one parent is related to the child biologically, where the parents have raised the children together but are not married. The issue is whether, if they break up, the … read more »
Family Affaires published my article on being a successful fiduciary this week -It’s a wonderful group blog that is chock full of information about caregiving and about life’s transitions, such as divorce. I am a regular contributor. Here is a quick preview! One of the most intimate positions you can have is to be trusted to handle someone else’s finances. This is called being a fiduciary. Generally, the person who names you is known as the Principal, and you are … read more »
I just read a beautiful tribute to the late Hon. Judith Kaye (1938-2016), who was the much respected and beloved Chief Judge of the Court of Appeals of the State of New York. The tribute was written by Roberta Kaplan, Esq., who represented Edith Windsor in US vs Windsor, the landmark Supreme Court case that, overnight, extended equal rights of gay and lesbian Americans in unprecedented ways. Ms. Kaplan recently remembered Judge Kaye at a dinner for Le-Gal, the LGBT … read more »
Divorce is a long process of transforming your family from one unit into two. There are actually several kinds of separation occurring during this process. The first stage is the emotional separation. One or both of you may feel detached, alone or disconnected – for some reason, the unit is no longer functioning the way you had hoped or expected that it would. The feeling of “living together alone” may be real at this point. Then there is the physical … read more »
I was recently quoted in the New York Times in an article about couples – particularly those with children – who continue to live near each other after they get divorced. While living near your ex is not for everyone, it can have its advantages. For instance, When the children forget something at the other parent’s home, it is no big deal to go get it. Parents don’t have to worry about pick up and drop offs. The children can go … read more »
Just published an article in Family Affaires to help you think about your money during divorce. Money can be a big stressor in a marriage, and is often one of the greatest sources of anxiety during a divorce, whether you are mediating, litigating or doing a collaborative process. These tips can help you get a handle on them so you know what you are working with! Here’s to a productive and fruitful 2016!
We are thrilled to announce the launch of our new spousal maintenance and child support calculator, created and updated by my ace paralegal, Andrew Boehmke, under the auspices of Rosenthal Law & Mediation. Not only does it include the provisions of the new New York State maintenance bill, but it also includes other features to make it more user friendly. This calculator, like the last one, includes the text of the actual statute if you click on the § sign … read more »
Last week, Governor Cuomo signed a bill that will soon overhaul the way spousal support is established for divorcing couples in New York State. The portions of the bill that deal with temporary spousal support will take effect on October 25, 2015, and the rest will take effect on January 23, 2016. This law establishes a standard for how permanent spousal maintenance is determined – before, maintenance was purely up to a judge’s discretion, and awards were inconsistent. A 2010 … read more »
Tonight I will be speaking with my dear friend and colleague, Teresa Calabrese, Esq., about planning for incapacity (wills, powers of attorney, health care proxies, etc.) at West Village Houses in Greenwich Village. Next month, another dear friend and colleague, Priscilla Prutzman, of the Creative Response to Conflict and I will do a workshop entitled “How Diversity Can Strengthen Your Practice” at the Association of Professional Divorce Mediators. Very exciting!