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Breaking the News to the Kids

February 26, 2019 By Joy Rosenthal

How to tell your kids you are getting divorced

My clients, Luis and Rosa, have the daunting task of telling their four-year-old son about their upcoming separation and divorce. They have asked me for some suggestions about how to tell him. Here are some pointers I’ve gleaned over the years that might be useful for Luis and Rosa — and for you if you ever find yourself in that position. Tips for Parents Talking to Kids About Divorce or Separation Create a safe atmosphere. Call a meeting at home, in … read more »

Filed Under: Divorce, Families Tagged With: Divorce Advice, Parenting Through Divorce

NY Spousal Maintenance

February 6, 2019 By Joy Rosenthal

NY Spousal Maintenance by Joy Rosenthal

In the last post, A Few Notes About Spousal Maintenance, I wrote about new considerations that must be made because of recent changes to the federal tax law. Today, I’d like to circle back to explore the purpose and a little bit of the history of New York spousal maintenance laws. Spousal maintenance, or alimony, is a term for periodic and regular support payments from one ex-spouse to the other for a specified length of time. The concept of alimony … read more »

Filed Under: Divorce, money, Negotiation, Spousal Maintenance Tagged With: Alimony, Divorce Finances, New York Spousal Maintenance

A Few Notes About Spousal Maintenance…

January 23, 2019 By Joy Rosenthal

A Few Notes About Spousal Maintenance... by Joy Rosenthal

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

Why Do I Want You to Stay in the Room?

September 6, 2018 By Joy Rosenthal

Why Do I Want You to Stay in the Room? by Joy Rosenthal

I want to say a word about neutrality, which is a very important concept in mediation. The role of a mediator is to act as an intermediary between the parties, and to help the parties reconcile conflict. How the mediator does that can vary a lot, depending on the type of conflict the parties have, the style of mediation used, and, of course, the temperament and experience of the mediator. One of the big differences between mediation and arbitration is … read more »

Filed Under: Divorce, Mediation, Negotiation Tagged With: divorce mediation, Divorce Neutral, Mediation Process

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

August 22, 2018 By Joy Rosenthal

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

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

Divorce Made Simple by Joy Rosenthal

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

New York’s Definition of Family Has Grown, Once Again

May 30, 2018 By Joy Rosenthal

New York’s Definition of Family Has Grown, Once Again by Joy Rosenthal

Some 18 months ago, I wrote about an important decision, Brooke S.B.1, by the New York Court of Appeals, which is the highest court in New York. (You can see that blog post here.) In Brooke, the Court determined that the non-biological mother in a same sex couple had standing to request custody or visitation of the child she helped to raise. The Brooke court found that it was in the child’s best interest to continue that relationship, and found … read more »

Filed Under: Children, Divorce, Families, LGBT Tagged With: custody, Nontraditional Family, Parental Rights

Walking the Tightrope Without a Safety Net

May 2, 2018 By Joy Rosenthal

Walking the Tightrope without a Safety Net by Joy Rosenthal

“But what am I going to do without my net?” Rob looked bereft. He knew, intellectually, that he wasn’t entitled to his wife’s family’s money. He knew that he and Sheila were getting divorced — after all, they both had moved on and were seeing other people. Rob also knew that he was a grown, healthy man who had been working hard and making a living for many years. He had built his catering business from the ground up. The … read more »

Filed Under: Divorce, Mediation, Negotiation Tagged With: Divorce Agreement, Divorce Finances, Separation Agreement

4 Steps for Dividing Marital Property

April 26, 2018 By Joy Rosenthal

4 Steps for Dividing Marital Property by Joy Rosenthal

One of the most important steps in creating a divorce agreement is deciding how you will divide marital (or joint) property. This is called division of assets. Here are the basic steps: Identify all of the property either spouse owns. You must share detailed information with each other, including: Bank account numbers and balances as of a specific date. Be sure to include checking, savings, and brokerage accounts. Retirement accounts like pensions, annuities, stock options, deferred compensation, and bonuses. Do … read more »

Filed Under: Divorce, money Tagged With: Dividing Assets, Divorce Finances, Joint Property, Marital Property, Qualified Domestic Relations Order (QDRO)

What to Do After You Get Your Divorce Judgment

April 3, 2018 By Joy Rosenthal

What to Do After You Get Your Divorce Judgment by Joy Rosenthal

You’ve updated your relationship status on Facebook. Now what? There are still some tasks that you need in order to complete the divorce process and begin to build your new life. You should receive a Certified Copy of the Judgment of Divorce (JOD) from your attorney. If not, you can go down to the court to obtain one. (Make sure to take ID). The JOD is an enforceable document. In an uncontested divorce, the terms of the settlement are incorporated … read more »

Filed Under: Divorce Tagged With: Divorce Finances, Judgment of Divorce (JOD), Post Divorce Tasks

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Rosenthal Law & Mediation
212.532.4704

Joy S. Rosenthal, Esq.
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Brooklyn, NY 11215

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