Friday, July 29, 2016

Israel Introduces Compulsory Mediation for Divorcing Couples

Israeli couples who apply to divorce will have to undergo compulsory mediation following the introduction of a new law.

The spouses at loggerheads will need to meet counselors or rabbis for a series of four meetings within a period of 45 days. If they fail to reconcile within that period, then the rabbinical courts will process their divorce application.

The traditional rabbinical courts have exclusive authority over marriage and divorce in Israel – no civil alternatives are available.

Knesset member Merav Michaeli stated, “Disputes will thus be resolved before legal proceedings occur. The discussions will be private, and will focus on the issues between couples, as well as how to avoid disputes that could be painful to children and families.”

Justice Minister Ayelet Shaked added: “Similar laws in other countries have shown that it is possible for couples to work out issues and disputes before raising them in legal channels.”

Wednesday, July 27, 2016

Managing Your Finances When You're Separated

If you and your husband or wife are separated or about to be separated, you may feel like you're divorced, but you are actually very married. This means that you may be emotionally split from your spouse, and perhaps living in two separate locations, but your money is still likely very much intertwined.

As Geoff Williams writes, your money situation is about to change. You know your life is changing, but you may be tempted to keep as much of it as unchanged as possible, especially if you have children. But the sad fact is, you're going to have to make financial sacrifices somewhere - you now have two households that need to be supported with the same pot of money.  If you can get into that mindset right away, that you and your soon-to-be ex will both be living on less, it may help you avoid having your spirit completely crushed later.

Wednesday, July 13, 2016

Thinking Of Divorcing? Read This First

It might be shocking for a lawyer to tell you to avoid court. But Rob Blair, a board-certified specialist in family law and, according to Business North Carolina magazine, the top family law attorney in North Carolina in 2016 writes exactly that.

There are ways to end a marriage that don’t involve a lawsuit. "Instruct your lawyer to use negotiation, mediation and collaborative law instead to get divorced, arrange child custody, and resolve your issues.  Twenty years from now, your family’s destiny may be different because you followed this advice today."

Monday, July 11, 2016

Knowing When a Marriage Is Over

The New York Times recently published an excellent panel discussion addressing the question, "When is it time to give up on a marriage or a relationship? What should be a definitive breaking point?"

Friday, July 8, 2016

Is Divorce with Dignity Possible?

The dissolution of a marriage is often an emotionally draining experience made even more nerve-racking by a legal process that can be expensive and difficult to navigate.

In this excellent video, three mediators share their perspectives about mediation and collaborative law.

Wednesday, July 6, 2016

Divorce Mediation to Create a “Non-Separation Agreement”

Sometimes couples who come to mediation are unsure if they really want to get divorced. They may not even know they are unsure.

Like Gary Shaffer writes, I have worked with couples who, more than anything, needed to just get on the same page about finances and child rearing. One question for a couple and a mediator to keep in mind is whether working out the details of a separation agreement can open the door to a “non-separation agreement,” i.e., a postnup, where each spouse agrees to certain things going forward.

Mediation often tackles matters that were previously not resolved, or never discussed at all. The discussion, and just as importantly, creating written draft agreements the couple will review and modify, can occasionally change what people are willing to do now, before a divorce. Perhaps the “Separation Agreement” can be used for another purpose, to create a “Staying Together Agreement.” Here’s what we each agree to going forward. It may or may not work, and nothing prevents the couple from subsequently getting divorced.