Carton & Rosoff PC-Attorney at Law

Resolving disputes creatively

New York peaceful divorce usually includes divorce mediation

The general perception regarding a divorce, whether in Duchess County, New York, or elsewhere, is a picture of all-round acrimony, with even the children being affected emotionally. Sometimes, there might be a fierce court battle for custody or alimony, with neither partner willing to concede the slightest inch. Of late, however, couples appear to be bucking this trend. Notably, there are already some celebrity cases where a couple has been amicable in resolving divorce issues.

In the opinion of one mediator, partners are now preparing for a separation with as much thought as they gave to their marriage. As a result, there is now more focus on what is best for their children, thus easing child support and child custody issues. There is more time for couples to, for instance, look for options in terms of changing their residence. There is now the recognition that such constructive debates can aid in planning the future of the entire family.

While thoughtful divorces have been discussed by sociologists in the past, the high divorce rates of today have necessitated mediation. Marriage therapists have also started emphasizing that couples approach separation more constructively. To this end, even counseling sessions are aimed at ensuring that couples remain on amicable terms. One mediator, operating in New York, even went to the extent of constructing an office space conducive for such interactions.

The process of letting a judge arbitrate a divorce is usually tedious and can have a negative impact on children. As responsible parents, most individuals want to avoid such a scenario. The shift in focus towards keeping divorces peaceable can thus be seen as a positive change in attitude. A legal negotiation, even with the advice of an experienced attorney, can be distressing for everyone concerned and is best avoided.

Source: The New York Post, "Divorcing couples follow Gwyneth's lead and 'consciously uncouple'," Kate Storey, May 27, 2014

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