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A Marriage Myth: Marriage is Obsolete

Heart and handsIt may seem that marriage rates in America are down and more people are opting to live together rather than get married. But, things are not always as they appear.

People are delaying marriage longer than ever (average age at first marriage is now about 27 for women and 29 for men), so, it might seem that the institution is on the way out. But marriage is still important to young people and is now a real option for same sex couples as well.

The National Longitudinal Study of Adolescent Health found that 55 percent of women and 47 percent of men said marriage was a “very important” part of their life plans. Another 29 percent of women and 35 percent of men said it was “somewhat important.”

Only 12 percent of women and 13 percent of men ranked marriage as “not very important,” and a measly 5 percent of each gender said it wasn’t important at all. By 25, 33 percent of women and 29 percent of men had already gotten married; another 30 percent of women and 19 percent of men said they wished they were hitched.

Marriage has a certain wonderful romantic place in our society and in our hearts, especially for women. Girls dream of the flowing white dress with her beloved waiting for her at the end of the aisle. We think of churches with flowers and all of our family and friends, or a beautiful pristine beach with the blue water as a backdrop for your “I do’s”. Or maybe your dream is to be on top of a mountain or in the backyard of your childhood home.

Whatever the dream you have for your wedding, it includes all the romantic notions and lead up to the big day. Initially, there is the engagement and a beautiful ring from somewhere like https://gemaandco.com/collections/solitaire to sparkle every time it catches the light. Once the parties to celebrate are over, it’s time to get down to some serious planning. Just some of things you’re going to want to consider are: the bridal party and wardrobe, the wedding registry, finding the perfect dress from somewhere like Winnie Couture, arranging the venue and food, selecting the music and decorations and the guest list. And of course, tastings for finding the most delicious cake! Even if you elope and it is just the two of you there still remains a nostalgic romance for just the two of you.

Marriage and its definition has transformed through the years, however, marriage still plays a huge role in American culture and is an institution that remains strong as well as ever changing. We all have different values and ideas of what a marriage should be. We need to embrace changes and what works for all of us individually to make it our own.

Parenting Your Children After Divorce

Divorce and child custody“What children of divorce most want and need is to maintain healthy and strong relationships with both of their parents, and to be shielded from their parents’ conflicts. Some parents, however, in an effort to bolster their parental identity, create an expectation that children choose sides. In more extreme situations, they foster the child’s rejection of the other parent. In the most extreme cases, children are manipulated by one parent to hate the other, despite children’s innate desire to love and be loved by both their parents.”

Excerpt from The Impact of Parental Alienation on Children Published on April 24, 2013 by Edward Kruk, Ph.D. in Co-Parenting After Divorce

Experts recognize the benefit of Children continuing to have loving relationships with both parents after a divorce. This continuation of (or even the beginning of more involved) parental relationships is a key factor in the security and happiness of children after divorce, who often have complex concerns about their futures. Some of their concerns arise when children fear that one or both parents don’t love them anymore, and worry they will be abandoned, just as they have witnessed the parent’s love for each other go away. Children may feel responsible for the divorce, especially if parenting styles have been a cause of conflict between the couple. Children see themselves as a part of each parent, so negative words or actions directed at one parent by the other have the effect of hurting the children as well.

You might find that to make it easy to look after your children after the divorce, that by hiring a nanny or an au pair could greatly benefit you and help your children feel more stable in this sort of situation. There has been an increase in popularity for people becoming an au pair, particularly as it is so easy for young people to apply for the role through sites like Cultural Care Au Pair. However, despite it being easy for people to get this sort of role, as a parent you have to decide if this would help you and your children through the divorce and whether it would be a good idea or not.

It is the relationship with your spouse or partner that you are ending. As hard as it is when you may be feeling a lot of negative emotion towards your soon-to-be-Ex, it is important for you to separate those feelings from your parenting responsibilities. Take care not to involve your children in adult issues that they can’t understand. Your children need both of you in the time of divorce, and if you find you can’t get past your feelings about your spouse or partner, reach out to professional help that is available through school counselors, family and child therapists, religious leaders, divorce coaches and support groups. This is why divorce is such a sensitive procedure. Those going through it might want to get in touch with solicitors who are experienced in family law, like PETERS AND MAY, who may be able to make the whole thing can go as smooth as possible.

Mediating your divorce at The Mediation Center provides the opportunity for you to create two separate but comparable households where your children will share time with each parent, with routines set through a parenting schedule that truly works in the best interest of the children. Your agreement addresses the financial concerns of each household, and the process also helps you continue to communicate and work together to the best of your ability, which will be key in parenting your children together in a way that helps them recover from the divorce. To set up a consultation with a mediator, call 585-244-2444.

Dividing Retirement Assets


Nest Egg

DIVIDING RETIREMENT ASSETS – Getting it RIGHT so you can get it WRITTEN.

Dividing retirement assets is an important issue for couples entering the process of separation and divorce. Retirement assets are often the most valuable marital assets a couple has along with their marital residence. Whether the couple is in mediation, using Collaborative Law, or negotiating in a traditional litigation model the first step is to gather all the information that is available about each asset before negotiating.  It is very important to get all the details associated with each asset so they can be discussed and decisions can be made with full disclosure and informed consent.  Once the parties have decided how they will be dividing retirement assets, a qualified domestic relations order (QDRO) or a Domestic Relations Order (DRO) will be required to distribute the asset without tax and penalty associated with the transfer (with the exception of IRA transfers).

There are different types of retirement assets including Defined Benefit Plans (often known as Pensions), Defined Contribution Plans- 401(k)’s 403(b)’s, Individual Retirement Accounts (IRA’s), Deferred Compensation Plan’s, Profit Sharing Plans, Cash Benefit Plans, etc.  It is important for the couple to understand what kind of assets/benefits they each own, and the specifics about each asset.  They should be prepared to provide information to the attorneys or mediators with whom they are working.  This will help to determine if an asset is marital, or if some of it is separate property.  Once the asset has been property classified and all of the information about the benefit has been obtained then the parties can negotiate the division of the asset.

When one or both of the parties has a Defined Benefit plan (Pension), then the Summary Plan Description (SPD) for that plan should be obtained by that party and reviewed by the professionals working with the parties.  That SPD  contains the information and options related to the pension benefit.  It is also important to obtain the employment history for the participant including any breaks in service and find out if there are any prior QDRO’s related to the pension.

When one or both parties has a defined contribution plan(s) such as 401(k), IRA, Profit-Sharing, etc., then the parties should obtain the most recent Account Statements- quarterly, semi-annual, or annual and any other documents describing the type of account and account options.

The best practice for negotiating the division retirement assets is to get ALL the information BEFORE negotiating the agreement.  Detailed instructions related to the division of the assets must be included in the final settlement or separation agreement so that the ORDER, QDRO, DRO, or Divorce Decree can be accurately drafted to accomplish the intent of the parties.  If the settlement/separation agreement does not contain the correct language and particularly if it is silent as to survivor benefits those benefits cannot be subsequently drafted into the domestic relations order.  The bottom line is – GET IT RIGHT  in your settlement so you can GET IT WRITTEN in to the final Order which will distribute the retirement asset.

[author_info]Julie V Mersereau, Esq. is a Divorce Mediator and Collaborative Law Attorney serving the greater Rochester New York area. Contact Julie at 585-377-5487, or [email protected][/author_info]

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“Panic to Action” Leads to Poor Outcomes

Calm Panic Buttons Show Panicking Or CalmnessWhen conflict hits it can feel like a crisis urging us to act quickly. That makes sense because adrenaline and other stress hormones flood our body and brain preparing us to take flight or fight. This can lead to heroic acts like lifting a car off a trapped person, but in our daily lives it more often leads to a panic to action that causes all kinds of bad decisions and outcomes.

This is especially true when going through a divorce because there are so many unknowns: What will we do about the children? Where will we live? Will I be able to afford to retire in the future? Will I have to pay support? Will I receive support?

Yet, reflection, not reaction, are needed when working through a difficult situation. Take the time you need to think things through. If your spouse is pressuring you to act, reassure them by giving them a timeframe when you will give them answers or schedule an appointment with a mediator. Say something like, “This is really important and I don’t have the proper time to deal with it now. I will have more to share next week.”

Although divorce may be the last thing you want to be going through, ask yourself, if this situation worked out perfectly, what would the result be? This often leads to an immediate sense of calm because you are shifting your brain’s attention away from panic and focusing on a positive outcome. Next, ask yourself why that particular result is important.

Discovering why we want an outcome helps us to understand how we are feeling and what we are needing. Let’s say I am a parent and the best outcome for me would be to keep our current home and have the children spend weeknights with me. I could be feeling anxious because I have a need for security for my children. Or, I might be feeling scared, because I have a need for support from my neighborhood friends. You get the idea.

I may not get everything I want, but identifying how I am feeling and why I want an outcome helps me to regain a sense of control and opens up options to get to my needs met. For example, I may come to the conclusion that visiting my doctor and discussing medical marijuana, and how something like these fat buddha glass bubblers will allow me to consume the product in the best way to get the most out of it. This solution won’t come to light unless you seek out the answers to lead a better, more controlled life. It really is that simple. Operating out of pure emotion without understanding what is driving me will often lead to hasty decisions to make the bad feelings go away. For help through divorce, contact a mediator today at 585-244-2444 or [email protected].

Divorce should not define you

So you are going through a divorce. You, and half of the people who

path thru woods photoever get married. Who will you be after the divorce? You will be the same person you were before the divorce. Only now you are not in a relationship with your (soon-to-be-ex) spouse.

There is a shift in people, places, things and finances. You are at a threshold of change, just like when you graduated from high school, and possibly college, or entered the workforce, or even when you got married. All of those events required thinking through how you would take on the new place you were in life. So does divorce.

Change can be difficult, especially if you have little control over the divorce process. Mediating your divorce gives you and your spouse the opportunity to create a fair and equitable agreement for each of you, and for your children. Using mediation, instead of the divorce becoming a way of being and a way of defining you, divorce becomes a document that ends a marriage contract, and allows each of you to move forward.

So who are you going to be in the next step in life? The possibilities are endless.

Reinventing Yourself After Divorce

ReiRespectnventing yourself after a divorce can be a daunting task, however, it is one that is necessary for moving on and yes, it is possible, but it’s not easy. Taking care of you and your children, if you have them, is priority one. Putting your children first during this time and being the best parent you can be, does not have to mean you neglect yourself and your own needs.

Self-esteem and divorce don’t mix together well. At best, your divorce leaves you happy to finally move on. At worst, you’re scraping yourself off the floor and this is not something you wanted.

Being a newly single person comes with many different emotions and potentials. Taking care of yourself and nurturing your self-esteem will have a positive effect on your life moving forward as well as being a positive role model for your children.

Divorce comes with grief and there is a grieving process we all must go through after divorce. Allow yourself that time to grieve and when you are ready, find out who YOU are and be the person you want to be now that you are on your own.

Find friends with similar interests, embrace what you love about yourself, get involved with what you have always wanted to do, but always seemed to put off and go buy that one thing you never would have when you were with your spouse (as long as you can afford it). Whether it is new shoes or a new toy, do it for you and your self-esteem. You will find that taking care of yourself and allowing happiness after divorce will help you move forward.

Divorce Mediation or Collaborative Law ?

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As a Divorce Mediator and Collaborative Law Attorney I am often asked what is the difference between mediation and collaborative law? And then I am asked “which process is going to be better for me?” The answer is not one-size- fits all. There are many factors to take into consideration. Each participant in the process has different needs, and couples have different needs and communication styles. I find the following chart useful to describe the both processes and how they differ. It is most important to speak with a professional divorce mediator and a collaborative law attorney to get your questions answered and to assist you in choosing with process best meets your needs. There are many many mediators out there that can help resolve your family law mediation whether it involves divorce settlement or some other issue to be resolved.

What is the difference between mediation and collaborative law?

PARTICIPANTS-

MEDIATION-

-Husband, Wife, Mediator.

-Parties can be referred to professionals outside of the process to assist with particular issues such as financial advice, mental health support or evaluations.

COLLABORATIVE LAW-

-Husband, Wife, Husband’s Lawyer, Wife’s Lawyer meet together at “4-way” conferences.

-May also have Child specialist, Process Facilitator, Financial specialist, coach for either party or other professional to assist.

WHAT ARE THE COSTS?

-Determined by number of sessions and complexity of issues.

-Generally less expensive than Collaborative because the participants pay for one Mediator.

-Usually less expensive than litigation. The participants have more control over time and costs.

-Determined by number of meetings, number of professionals involved, and complexity of issues.

-Generally more expensive than mediation because two attorneys are present at every meeting and the additional professionals are paid for attendance at meetings as well.

-Usually less expensive than litigation because it is more efficient and the parties have control over time and costs.

WHAT ABOUT LAWYERS ?

-Participants may hire an attorney to represent them for advice during the mediation, or after the mediation to review the agreement.

-An attorney is hired to complete the legal paperwork necessary to complete the process.

-Each party has their own attorney present throughout the collaborative process.

-All meetings are “4-way” conferences with both parties and their attorneys present.

-The attorney’s complete the legal paperwork necessary to complete the process.

How do I decide what process is best for me?
There are many factors that impact which process is best for an individual. You should analyze your ability and your spouse’s (other participant’s) ability to negotiate honestly and openly. You should assess your need to have an alpharetta divorce lawyer present with you at the negotiation table, your ability to communicate your needs and wants and to advocate for yourself, and the funds available for the divorce/separation process.

ALWAYS take the time to meet with a mediator and a collaborative attorney to discuss your questions about process and to get assistance choosing the process that is best for you.

[author_info]Julie V Mersereau, Esq. is an experienced Divorce Mediator and Collaborative Family Law Attorney- Contact info: [email protected]; 585-377-5487[/author_info]

Do we have to sell our house if we are getting divorced?

Erasing FearWhen people work together through mediation, they can focus on meeting the interests and needs of their family, rather than “settling” their property. This opens up all kinds of creative possibilities including what to do with their home.

Many couples hope to keep their home. For some, it is important to keep their children in the same home and neighborhood, at least during the transition of the divorce. Others have put a great deal of work and effort into their home and one or the other would really like to keep it and live there. Still others are concerned about the financial investment and determining the best timing for a sale.

Some couples sell their home. Others decide that one person will “buy-out” the other person’s equity in the property. Still others continue to own the home jointly for a period of time. Each option has positive and negative consequences and numerous decisions that must be made about how it will take place. A mediator can facilitate a conversation the helps couples stay open to possibilities while exploring options and thinking through decisions. Contact a mediator today at 585-244-2444 or [email protected].

In The Best Interest of the Children – “How Divorced Parents Lost Their Rights” by Robert E. Emery

Married parents cannot sue each other. Divorced parents, or those who never black father sonmarried, can and do. Judges routinely decide where the children of divorced parents will attend school, worship and receive medical care; judges may even decide whether they play soccer or take piano lessons.

Judges do this because the law assumes that divorced parents’ interests in their children, unlike the interests of married parents, are not aligned. This is an outdated idea. The view of exes as opponents dates from an era when divorce and childbearing outside of marriage were rare. It is reflected in the legal language of a bygone time. One parent won custody, care and control of the children. The other became a visitor.

Today, close to half of first marriages end in divorce. About 40 percent of children are born outside of marriage. Custody is routinely shared by parents living apart. Many states have dropped the term “custody” altogether for more family-friendly terms. You no longer win or lose custody. You develop a parenting plan.

Psychologists, similar to those from Clear Child Psychology, and decades of research support this shift. Cooperative parenting benefits children, whether parents live together or apart. Just ask any kid whose divorced parents are at war, “What are three wishes for your family?” You can bet that one will be a version of “I wish my parents would stop putting me in the middle.”

Surprisingly, even when unmarried parents agree on a plan, judges can overrule it. For example, a judge may not like a complex joint custody schedule. If so, she can decide when the separated parents spend time with their children, even though they agreed otherwise.

This makes no sense. We may need judges to decide some divorce disputes. But when it comes to parenting, as much as possible, the law should treat unmarried people more like married people. Instead of telling parents how to bring up their children, we should honor – and encourage – agreements between parents.

We can do this with a very simple change in the law. When judges make decisions, they are guided by the “best interests of the child” – a list of factors like the parents’ mental health and the child’s wishes. States should add parental agreement to the list, and make it the primary consideration. This would mean that, at least when they agree, unmarried parents, not judges, make decisions about their children.

This change could help us move away from litigation and toward alternative kinds of dispute resolution.

In a 2001 randomized study of child custody conflicts, I compared litigation and mediation, and found that six hours of mediation caused huge improvements in family relationships a full 12 years later. Other cooperative methods include collaborative law (where lawyers negotiate cooperatively) and parenting coordination (an informal mediation-arbitration procedure). We must make these our primary methods, not alternatives.

By honoring parental agreements, our laws would allow parents living apart to make enforceable contracts. Parents could make a deal, for example, that a parenting coordinator could make decisions for them in the future if they fail to agree. Currently, the legal status of such agreements is questionable, because judges, not divorced parents, hold decision-making authority over children. In an extreme move, Pennsylvania recently outlawed this practice, ruling that only judges could make decisions in custody cases.

Allowing parents to make contracts would help solve another thorny problem: sharing care of very young children. Experts are debating how much time babies should spend with just one parent versus with both parents. Many believe that babies need to form a secure attachment to one parent (most often the mother) and that too much separation will undermine a baby’s sense of security. Others worry that too little contact will weaken the second parent’s attachment, potentially leading him to drop out of his child’s life.

A logical solution is for parents to make a plan that will grow and change along with their child. A baby might stay mostly with one parent, and time with the other parent could increase during the toddler and preschool years. Perhaps the parents would share 50-50 custody when their baby is of school age.

Sadly, this common-sense approach is undermined by laws that do not honor such agreements, and push parents to fight instead. Lawyers wisely tell breast-feeding mothers to fight for full custody. Judges are likely to be sympathetic to a nursing mother. Yet lawyers also wisely tell the fathers of babies to fight for their custody share. The father’s case will be weakened if he waits until his baby is older, because he will have a record of relative uninvolvement. If you’re in need of legal representation in divorce proceedings, you can see divorce lawyers here who may be able to be of service to you.

Our legal system has always seen the wisdom of encouraging married parents to work together. Now it needs to recognize that divorced and never-married parents are not so different. After all, partners with children are tied together forever. My first wife and I separated in 1989. On May 1 of this year, we sat together in a maternity ward waiting room, sharing the anxiety and joy of the birth of our first grandchild. We struggled at times. But we always struggled to work together as parents.

Your emotional impulse in divorce is to hurt back, because you hurt so badly. Our legal system should work against that impulse, not encourage it. That, truly, is in the best interest of the child.

Robert E. Emery is a professor of psychology and the director of the Center for Children, Families, and the Law at the University of Virginia, and the author of the forthcoming book “Two Parents, One Childhood: A Parenting Plan to Last a Lifetime.”

Conference takeaways for our clients

Recently, Barbara Kimbrough and Julie Mersereau from the Mediation Center co-chaired the Upstate conference for the New York State Council on Divorce Mediation in Canandaigua, NY. The presenters brought information and insights about many different aspects of divorce mediation and litigation. The following information from the speakers is particularly valuable for our clients, or anyone considering mediating their divorce:

  • Litigating your divorce can have many different outcomes depending on the judge who hears your case. Judges have great latitude about how they interpret and apply matrimonial law, and most apply it through their own lens, with varying results, particularly in the area of spousal support. Both you and your spouse lose control of your situation, when you litigate and are bound by the decisions of the court. The mediation process puts you in control, and the decisions, in your agreement are your own.
  • In making decisions about pensions, the importance of having pensions valued by a professional valuator was highlighted when one speaker compared the pensions of two people who had similar incomes, had worked about the same amount of time, and whose plans showed similar monthly payouts at retirement. It turned out that in valuing the two pensions, one was worth more than double the other due to cost of living adjustments and other benefits that came with that pension that were not part of the other. If you really want to have complete information when discussing the sharing of pensions, valuing them is important.
  • Sometimes personality disorders are present in a party to mediation, and are effecting the process. Where known (diagnosed) or suspected disorders exist, it should be disclosed to the mediator so they can determine if the situation is right for mediation, and if it is, so the mediator can monitor it and adapt their interactions in the mediation so that the discussions remain balanced and effective.
  • And lastly, from a speaker who specializes in team building, this can hold true for anyone: before you begin something, set your intention and goals for the outcome. During the event, check in with yourself and make sure you are on track and comfortable with the progress and afterwards, think about whether you accomplished your goals. What went right? What could have been done better, or a different way? Debrief afterwards with a friend or colleague or family member if necessary.