Carton & Rosoff PC-Attorney at Law

Resolving disputes creatively

New Yorkers using mediation during a "get crisis"

A marriage is sometimes thought of as a team, with both spouses working together to accomplish their goals. The same is true for parenthood. Both parents focus on the best interest of their child and work together to raise their child properly, with support and love. Although teamwork is aspirational for a marriage and parenthood, New York couples understand that those same skills can be applied to the divorce process. Even though a couple can no longer remain together in their union, it does not mean that their ability to collaborate is lost. Mediation is often a resourceful way to resolve divorce issues while also reaching an amicable agreement.

The end of a marriage is not an easy process to initiate, work through and finalize. Many disputes and obstacles present themselves in the divorce process and some divorcing couples have various issues that the courts might not be able to resolve. A recent article focused on a religious divorce in the Jewish community, which is called a "get." Without a "get" the ex-spouse will not be able to re-marry. Even though a legal divorce occurred, without a religious divorce remarriage would not be able to occur.

Such a situation is often referred to as a "get crisis" and the process of mediation might resolve this issue. Whether it means negotiating finances or custody arrangements, the mediation process can bring all the issues to the table so the parties can understand what needs to be done in order to reach an amicable agreement.

For women in the Jewish community, asking for a divorce and a "get" could make the situation even more challenging. This is why it is important to approach the matter appropriately. Mediation not only avoids courtroom drama, which could make matters worse, but it also levels the playing field by opening up the channels of communication to fully understand what it is that the soon-to-be ex-husband wants so that both parties can reach an agreement.

Whether it is a religious divorce, child custody, property distribution or other divorce issues, going through the mediation process could benefit both parties. In some cases, it could save the divorcing couple time and money.

Source: Huffington Post, "5 Ways That Divorce Mediation Can Help Resolve the 'Get' Crisis," Morghan Leia Richardson, Jan. 6, 2014

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