Articles Tagged with Divorce and Children

I have written before about the benefits of mindfulness and conscious coupling. In this blog I focus on the mindfulness of the attorney or mediator who is working with the couple. Let’s call it “conscious lawyering.”

For a couple considering divorce, the process is going to involve uncomfortable feelings and situations. As a collaborative lawyer or mediator, I am part of that process, too. So the first step to conscious lawyering is taking care of myself; by being mindful of my own emotions and reactions at the negotiating table, and by being able to look at a situation objectively with a wider lens.

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Mediation is a great process for maintaining limited involvement with attorneys, but they shouldn’t be shut out completely.

Recently I’ve spoken to a number of potential clients who are about to enter into the divorce process and want to use mediation. These clients come from different backgrounds and have different preconceived notions about mediation, but they all share the desire for an attorney-free divorce. And that is when I have the unenviable task of breaking the news to them: even in mediation, you need an attorney.

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Before marriage was made available to every American, same-sex couples struggled with issues that married couples could take for granted – like hospital visitation rights, after-death services and inheritance rights.

In order to achieve that same peace of mind that married couples enjoy, gays and lesbians came up with some brilliant solutions to bridge the dire straits in which they found themselves. In New York City, the government began a Domestic Partnership registry which granted hospital visitation, health insurance coverage and the inheritance of rent-controlled apartments, among other things. But because those provisions only applied to government-run agencies, lesbians and gays took matters into their own hands to protect themselves and their partners in the private sector through the use of wills, healthcare proxies and burial instructions. Continue reading

Please enjoy this guest blog post by Laura Rolnick, Esq.

On top of the financial and emotional aspects of dissolving a marriage, divorcing couples with children must also consider the very important question of where they will live, and where parenting time will take place. The growing recognition of the family as a sanctified entity even within divorce has inspired new and creative living arrangements, uniquely tailored to the psychological and financial needs of the large number of divorced families with children.

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What looks like just another celebrity breakup might actually be instructive for any divorcing couple.

Ben Affleck and Jennifer Garner are going the way of Gwyneth Paltrow and Chris Martin in choosing a non-adversarial way to divorce while living in the public eye.

During her divorce, Paltrow made headlines for describing the process as “conscious uncoupling.” Many attorneys, including myself, appreciated the spotlight she had shone on non-adversarial divorce.

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