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Being a Guide

November 6, 2019 By Joy Rosenthal Leave a Comment

Being a Guide

This weekend, I saw the movie, Harriet, a riveting film about Harriet Tubman. We know the basics of the story — that she not only escaped slavery herself but kept going back down south, facing incredible danger, to help others make the journey to freedom. But seeing her life enacted onscreen (albeit a Hollywood version) gives the viewer a visceral sense of what it looked and felt like — I was riveted the whole time and went back to see … read more »

Filed Under: Clients, Collaborative Process, Mediation, Mindfulness, Negotiation Tagged With: Couples separating, Divorce Process, Harriet the movie, Harriet Tubman

The Four Divorces

September 30, 2019 By Joy Rosenthal Leave a Comment

The Four Divorces

In my practice, I have observed that when couples divorce, there are actually several layers of separation, each of which requires its own attention. I think of these as the emotional, social, physical and legal divorces. The emotional divorce between spouses, like that of any friendship, often happens over time. People may simply grow apart, particularly those who began their marriage when they were young. They may change their expectations for themselves and for what they want from a partner. … read more »

Filed Under: Collaborative Process, Divorce, Families, Marriage, Mediation, Negotiation Tagged With: divorce, Divorce Process, Emotional Divorce, Legal Divorce, Physical Divorce, Separation, Social Divorce

Law School 101

June 24, 2019 By Joy Rosenthal 1 Comment

Law School 101

American law is created in two ways — by statute and by case law. Statutes are proposed and drafted by legislators for that jurisdiction, and other government rules and regulations are drafted by the agencies that are charged with running them. Most laws about family relationships are state laws. The statutes that relate to divorce, separation and children are mostly found in the New York State Domestic Relations Law (DRL) and in the Family Court Act (FCA). These are texts … read more »

Filed Under: Child Support, Collaborative Process, Divorce, Families, Mediation, Negotiation Tagged With: Bast v. Rossoff, Family Court Act (FCA), New York State Domestic Relations Law (DRL), Obergefell v. Hodges

What’s Fair Is Fair… Or Is It?

March 28, 2019 By Joy Rosenthal Leave a Comment

What’s Fair Is Fair… Or Is It?

“I only want what is equitable. That is my operating principle,” Raymond explained as he sat across from me the first time we met. His wife, Lenore, looked intensely at him. “But what you consider to be equitable is not fair to me,” she said quietly. ‘What was going on here?’ I wondered. I’d only met them for a few minutes, but I could see already that they might have some fundamental differences of opinion — in fact, they might … read more »

Filed Under: Child Support, Collaborative Process, Divorce, Mediation, money, Negotiation, Spousal Maintenance Tagged With: Equitable Distribution, Post-Divorce Parenting, Separation Agreement

A Few Notes About Spousal Maintenance…

January 23, 2019 By Joy Rosenthal Leave a Comment

A Few Notes About Spousal Maintenance…

As you know, an important component of many divorces is the extent to which one person will pay alimony (also called spousal maintenance) to the other — if at all. This often comes up when one spouse has taken time out of the workforce, or when his or her standard of living is likely to decrease significantly upon divorce. The purpose of spousal support is to provide the payee support and give that spouse time to retool so he or … read more »

Filed Under: Collaborative Process, Divorce, Mediation, Spousal Maintenance Tagged With: Alimony, MGL, New York State Maintenance Guideline Law, Spousal Maintenance, Spousal Support, Tax Cuts and Jobs Act, TCJA

R-E-S-P-E-C-T — Find Out What it Means to Me!

August 22, 2018 By Joy Rosenthal Leave a Comment

R-E-S-P-E-C-T — Find Out What it Means to Me!

I write this just days after the death of the infamous Queen of Soul, Aretha Franklin. Hers was the voice of a generation — my generation — but she meant so much more. While it is difficult to imagine a world without her, I am grateful for her music, which will live on. From my perspective, Aretha’s most influential song was “Respect,” written by Otis Redding. As Wesley Morris wrote in her obituary, she turned the song — and the … read more »

Filed Under: Clients, Collaborative Process, Cultural Competence, Divorce, Happiness, Marriage, Mediation, Mindfulness, Negotiation, Nonviolence Tagged With: Aretha Franklin, Dignity, Donna Hicks, Respect

Divorce Made Simple

August 2, 2018 By Joy Rosenthal Leave a Comment

Divorce Made Simple

From a practical standpoint, the actual divorce process is pretty simple. What Topics Need to be Addressed? There are four or five main areas to be decided in a divorce mediation (some of which may not apply to your particular situation): 1.  How will you divide up what you own together? The first step here is to identify what is separate property and what is marital. Separate property typically includes property you owned before the marriage and property you inherit. … read more »

Filed Under: Child Support, Collaborative Process, Divorce, Families, Mediation, Negotiation, Spousal Maintenance Tagged With: collaborative process, custody, divorce, divorce mediation, Legal Custody, parenting plans, Physical Custody, Settlement Agreement

Implicit Bias

June 19, 2018 By Joy Rosenthal 2 Comments

Implicit Bias

“What will you do about your implicit bias?” Jennifer asked me as she sat across the table. She, a woman of color, was in my office with her husband, a white man, for an introductory session to discuss using mediation as a process for their divorce. Hers was a fair question. And it was one I have never been asked before. “Are you familiar with the concept?” she continued, apparently expecting me to say that I wasn’t. “I was a … read more »

Filed Under: Collaborative Process, Cultural Competence, Mediation, Negotiation Tagged With: #metoo, Implicit Bias, mediation, Neutral Mediator, Stereotypes

Joy on “Let’s Talk Divorce!” (Audio)

January 29, 2018 By Joy Rosenthal Leave a Comment

Joy on “Let’s Talk Divorce!” (Audio)

Divorce Mediator and Collaborative Attorney, Joy Rosenthal, recently appeared as a featured guest on the Impact Makers Radio Show, “Let’s Talk Divorce!” series where she spoke about using a collaborative process for your divorce. Listen to the interview below or click here to listen to it on YouTube. View it on iTunes here. Listen to it on Impact Makers Radio here.

Filed Under: Collaborative Process, Divorce Tagged With: “Let's Talk Divorce!”, Collaborative Attorney, collaborative process, divorce, Divorce Mediator, Impact Makers Radio Show

Dividing the Marital Home

November 13, 2017 By Joy Rosenthal Leave a Comment

Dividing the Marital Home

One of the things that needs to be decided in a divorce is how you’re going to divide up what you own together, and one of the biggest assets that couples usually own is their home. There are several choices as to what happens to the house (or condo or co-op): You can sell the house and divide the proceeds. You can continue to own the house together, even if one person stays there. You can buy out your spouse’s … read more »

Filed Under: Collaborative Process, Divorce, money, Negotiation Tagged With: Division of Property, divorce, Equitable Distribution, Separation, Settlement

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Joy S. Rosenthal, Esq.
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