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Family Law Blog New City, New York

News and insights about divorce and family law in New York.

New York Divorce Mediation and Nesting

One of the hardest struggles for families going though a divorce, especially those with young children, can be the division of the family into two separate homes. For children, the process can increase feelings of upheaval, stress, and loss while parents may struggle with the financial burden of acquiring a second home, paying property taxes, and the cost of replacing household items that became property of the other spouse at the conclusion of the proceedings.

Some families, however, have developed their own unique way to slowly progress towards living in separate homes: “nesting” or “bird nesting” has become a smart option for families that want to reduce upheaval in the home and save money on expenses.

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Divorce Mediation and Gray Divorces

Divorce rates are increasing for couples in long-term marriages. Known as a “gray divorce,” these couples have issues unique to the length of their marriage as well as their age.

Gray divorces are much more complex than the divorce of a couple married for a shorter time: special issues like retirement, home equity, and possible ailing health of the parties can complicate the divorce process significantly.

As the rate of gray divorces continues to climb, so does the number of couples who choose divorce mediation over traditional divorce litigation.

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Is Mediation Right for Your New York Family Law Case?

New Yorkers know that litigation is time-consuming, expensive, and stressful. Traditional litigation has its place, but when the case involves families, an alternative resolution option that is less adversarial often works best to protect the relationships and happiness of the parties involved. If you are a New York resident who would like to avoid the cost, stress, and time-commitment of traditional litigation and think mediation might be a good solution for you, read on for a brief explanation of mediation and examples of the types of cases that can be successfully mediated in New York.

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Pet Custody and Mediation

Divorcing couples who are also pet owners have unique concerns about what happens to their beloved friend once their marriage ends. In the not-so-distant past, pets were seen as the property of one or the other spouse, and “ownership” of the pet was granted based on a number of factors by the court.

Increasingly, New York couples are rejecting the traditional view of pets as property and are instead looking to alternative dispute resolution methods, such as mediation, to develop a custody arrangement that is in the best interest of their pet. By choosing mediation, pet owners can avoid the stress and high cost of traditional litigation, while ensuring that their pet continues to receive the love and care it needs.

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How Caucus Can Help Your Divorce Mediation

Generally, mediation occurs in joint sessions with both parties present. The idea behind joint sessions is that compromises are best reached when both parties are present and participating. Joint sessions can have drawbacks however: some clients are uncomfortable revealing certain aspects of their divorce in front of their partner or the divorce may be so contentious that the presence of both parties hinders mediation.

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