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 »
Siri Is Not a Mediator! (Neither Is Alexa!)
Recently The New York Times reported about the formation of an online divorce service called “It’s Over Easy” (“Angelina Jolie’s Lawyer Now Offers Quickie Divorces Online,” by Amy Sohn, February 4, 2018). This service is essentially an online questionnaire that is filled out by one or both parties and creates the documents needed to divorce in California and New York, with plans to expand to a few other states. While the founder, Laura Wasser, is a celebrity lawyer, it is … read more »
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.
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 »
I Hear You
“I hear you.” Listening is a very simple act. It’s a subtle act. It is something that we do naturally with the people we love, and when things are going smoothly. Yet one of the most powerful statements that we can ever make is to say honestly, “I hear you. I recognize what you’re going through.” What is listening? Being open to hearing not only the words the speaker is saying, but also to her tone of voice, to read … read more »
Moving Out?
New York City is a notoriously expensive place to live. Its housing market can create unique opportunities and challenges for couples who are getting divorced. This may come up when a couple is living in an apartment that is rented below market rate — the spouse who is moving out will have to pay a much higher rent and therefore might need more cash to meet the monthly budget. It is always a challenge to stretch a budget over … read more »
Collaborative Law: A Different Way to Divorce
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 »
Finally, A Better Definition of Family
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 »
Divorce — Many Separations
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 »
Separating – but Not Too Far
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 »
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