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DOMA and the States

July 10, 2013 By Joy Rosenthal

There is no doubt that the Supreme Court’s recent decision regarding the Defense of Marriage Act (DOMA) was historic, and will forever change the lives for millions of same-sex couples and their families. There are over 1,100 federal benefits now available to married same sex couples that were previously only available to married heterosexual couples. But DOMA is not entirely deceased. There were 2 parts to DOMA – the part that remains intact is the part that says that states … read more »

Filed Under: Children, Estate Planning, Families, LGBT, Marriage, Travel Tagged With: Adoption, law, lesbian, LGBT, marriage, planning, wills

The Dreaded Pre-nup

February 18, 2013 By Joy Rosenthal

Lately, I have had a few clients who have come to me asking for a prenuptial agreement because their parents insisted that they have one. Prenups used to be thought of only for the rich and famous.  But they are becoming much more common, and are losing some of their stigma.  When should you consider having a pre-nup?  Here are some common examples when a pre-nup can be helpful.  If: You are part of a family business, and you want … read more »

Filed Under: Collaborative Process, Divorce, LGBT, Marriage, Mediation, Negotiation, Prenuptial Tagged With: children, collaborative process, common ground, compassion, conflict, family, gay, lesbian, LGBT, marriage

Remember to update your documents!

February 6, 2013 By Joy Rosenthal

Many people prepare financial statements in the process of getting divorced.  This is a good time to look at all of your accounts, and to update your beneficiaries.  After all, you might not want your ex to receive an unexpected gain in several years because you never got around to it.   Common accounts that have beneficiary designations include: Life Insurance Retirement and IRA accounts Some brokerage or savings accounts It is also a good time to update your estate planning … read more »

Filed Under: Divorce, Estate Planning, Families, General, Wills Tagged With: aging, children, divorce, family, wills

We’re quoted in Smart Money!

September 5, 2012 By Joy Rosenthal

Well, this doesn’t happen every day!  We’re quoted in Smart Money – a national magazine published by the Wall Street Journal. I had quite a long talk with the reporter, Glenn Ruffenbach.  He just used one idea from our discussion, but it is an important one – that disputes between siblings is a bit different because they don’t often have the opportunity (or the experience) to work on problem-solving together. While other articles have focused on what elder mediation is, … read more »

Filed Under: Elder Mediation, Elder Mediation, Families, Mediation, Probate Mediation Tagged With: aging, caregiving, conflict, elder mediation, estate mediation, family, mediation, money

Overlooking the Sea

August 26, 2012 By Joy Rosenthal

I have spent the last week alone with my parents in their summer home in Cape Cod.  It is hard to get around without driving here, and my brother and I decided that it would be better if one of us was here to do most of the driving. And so I packed up my office (thank you, Dropbox!), brought my laptop, ordered some books, and prepared to be here for 2 weeks straight – something I haven’t done since … read more »

Filed Under: Families, General, Mindfulness Tagged With: aging, caregiving, compassion, family, understanding

Parenting Schedules – Equal Time with Each Parent

August 25, 2012 By Joy Rosenthal

While parents may agree to share parenting time 50/50, there are a myriad ways to structure the schedule to meet your and your children’s needs.  Younger children need shorter but more frequent time with each parent (switching, for instance, every 2-3 days), while it may be easier for older children to change less often, perhaps spending a week with each parent. Having a predictable and structured schedule helps everyone manage their expectations, but it is also a good idea to … read more »

Filed Under: Caregiving, Children, Divorce, Families Tagged With: children, custody, divorce

In the News

April 1, 2012 By Joy Rosenthal

Three articles have caught my eye this week, because I provide all 3 services.  This is why I love my varied practice — all geared toward helping families through their many transiations! The New York Law Journal published an article (in which I am featured!) by colleagues Ellie Wertheim and Abby Tolchinsky entitled Elder Mediation Addresses Range of Family Decisions, explaining that often, mediation can address important issues that the law cannot. The New York Times article, If ‘Forever’ Doesn’t … read more »

Filed Under: Children, Divorce, Elder Mediation, Elder Mediation, Estate Planning, Families, General, LGBT, Prenuptial Tagged With: collaborative process, common ground, elder mediation, family, health, lesbian, LGBT, mediation, planning, pre-nup

Children’s Bill of Rights in Divorce

January 27, 2012 By Joy Rosenthal

There are several versions of the Children’s Bill of Rights in divorce that you can find on the internet.  They are all helpful in focusing parents’ attention on the experience that their children might have – something that can get lost when parents are wrapped up in difficult emotions. The one I like best is offered by Dr. Robert Emery, an expert on children’s experience of divorce.  He has done extensive research on divorce mediation.  Here it is: Every child … read more »

Filed Under: Children, Divorce, Families, Mediation

NYS Same Sex Marriage – It’s Complicated!

January 12, 2012 By Joy Rosenthal

Today I led a workshop for the Family & Divorce Mediation Council (of Greater NY) with fellow Board members Teresa Calabrese, Katie Cole and  Mark Josephson on what the new law permitting same-sex marriage means in NY.  On one hand, it is a huge victory and an important step in creating civil rights for LGBT couples.   On the other hand, it is a legal tangle. As of this writing, only 6 states (plus DC) issue marriage licenses to same sex … read more »

Filed Under: Child Support, Clients, Cultural Competence, Divorce, Families, LGBT, Marriage, Mediation, Prenuptial

Will the law catch up?

July 4, 2011 By Joy Rosenthal

The papers have been rife with stories this week about New York’s new law allowing same-sex marriage.  It couldn’t have come at a more poignant time – 2 days before Gay Pride day.  People have described the mood there as unadulterated joy – one friend even told me, “I haven’t experienced anything like that since the March on Washington” — meaning the 1963 march in which Dr. Martin Luther King, Jr. gave his “I Have a Dream” speech.  It is … read more »

Filed Under: Cultural Competence, Divorce, Families, General, LGBT, Marriage, Prenuptial Tagged With: children, common ground, custody, divorce, family, gay, hope, inclusivity, law, lesbian, LGBT, marriage

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The information on this site is not, nor is it intended to be, legal advice. You should consult an attorney to obtain legal advice regarding your own situation.

Joy S. Rosenthal, Esq.
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New York, NY 10036-7424

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