What is New in the Area of Divorce for 2011?

It's 2011 and one out of two marriages still ends in divorce. Thankfully, over the course of my
15 year career, there have been many positive changes made in the area of family law. These
changes have helped make the divorce process less adversarial and less costly, both financially
and emotionally. Here are 5 of the most recent innovations everyone should know about before
they begin the divorce process this year.

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OurFamilyWizard®

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This is a web-based tool which provides a bridge for the difficult moments that are sure to arise when children's activities span two households. It allows parents to communicate in a manner that is thoughtful and reflective, rather than reactive. The website acts as a conduit for parents to plan for holidays, share insurance cards, keep track of shared expenses etc.

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This is a web-based tool which provides a bridge for the difficult moments that are sure to arise when children's activities span two households. It allows parents to communicate in a manner that is thoughtful and reflective, rather than reactive. The website acts as a conduit for parents to plan for holidays, share insurance cards, keep track of shared expenses etc.

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Comments

[J Andrew Cohen]

12:25 PM on 02/22/2011

This is a tremendously helpful post. People are understandably confused and overwhelmed at the beginning stages of separation and divorce. A clear, easy-to-grasp rundown of positive options like what you lay out here is extremely valuable to people who want their divorce to be as civilized and painless as possible (particularly when there are kids involved).

[Jacqueline Harounian]

11:28 AM on 02/22/2011

Great post! In New York, where I practice divorce law as a mediator and litigator, we have all of these in place, and they have made a positive impact.

Of course, some parties going through divorce will avoid all attempts to resolve issues, out of spite and anger. For everyone else, efforts to mediate disputes and address issues early (before they escalate) are the right initial strategy. If that fails, they can always proceed to litigation.

[jonathan fogel]

12:54 PM on 02/22/2011

Jacqueline, thank you for your insight. Despite what is usually seen on television and movies, almost all divorce cases are resolved without litigation. Unfortunately, that is not as interesting to read about in the newspapers.

[Andrea Niemi]

06:45 PM on 02/21/2011

I think it is important to note that except for Our Family Wizard, the innovations mentioned here are unique to Mminnesota. Although some states may have similar process they may not be known by these names.. Parenting time Expediting, while similar to Parenting Coordination, is a pretty limited mediation/arbitration role specifically limited to parenting time disputes and defined by Minnesota Statute. The Expeditor, in arbitration mode, is prohibited from changing existing court orders and can only resolve ambiguities or fill in where the order is silent.

[jonathan fogel]

08:50 PM on 02/21/2011

Andrea, thank you so much for your comment. I agree that Minnesota is on the cutting edge when it comes to family law innovations. Just think how wonderful it would be if these were available in all jurisdictions. I believe that it would greatly reduce both the emotional and financial cost of divorce. I will keep you all posted as new cost-saving, family law techniques are introduced.

[Lenny Kingman]

12:26 PM on 02/21/2011

OurFamilyWizard's web address www.OurFamilyWizard.com

Great job Jonathan. Everyone should try and utilize ADR techniques before litigating!

[jonathan fogel]

08:51 PM on 02/21/2011

Lenny, thanks for your post. For those who have been through a divorce, and I have represented thousands of them, Our Family Wizard can proved to be a wonderful co-parenting tool.

[monica theis]

11:59 AM on 02/21/2011

There are so many great resources out there to help people through divorce in the least painful way possible. I with more people would explore their options instead of committing to the fight. Great tips Jonathan!

[jonathan fogel]

08:56 PM on 02/21/2011

Thanks Monica. Let me know if you want to hear about other resources to help people get through the divorce process.

[Ximines-mn]

09:49 AM on 02/21/2011

Great Tips, Jonathan! The more people utilize alternative dispute resolution techniques, the less time and money they will spend in court.

[jonathan fogel]

08:57 PM on 02/21/2011

Ximines-mn, I could not agree with you more.

[shaden3]

09:09 AM on 02/21/2011

Regarding the PTE and the matter of mediation, it's important to note that the parties are not seeking a mediator. They're seeking an arbitrator. Mediators don't make any decisions. Rather, they work with the parents so that the parents will decide. Important to find a mediator who does not use a highly "facilitatative" or "evaluative" method if you're looking for a long-term working co-parenting relationship.

For families, the method of mediation is extremely important. People have the right to be educated on the differences in mediation models so that they might choose for themselves.

[jonathan fogel]

08:54 PM on 02/21/2011

Shaden3, thank you for pointing out a very important distinction between a mediator and someone who is granted the authority to make binding decisions. Ulitmately, the goal of using a Parenting Time Expeditor (PTE) is to teach the parents how to make decisions on their own. Unfortunately, not every parent is capable of getting to that level and therefore a PTE is given authority to make decisions for them.

[shaden3]

07:21 AM on 02/22/2011

Jonathan, I understand your point enitrely. I will, however, respectfully disagree with you that having an arbitrator make a parenting plan (custody/visitation) decision teaches parents how to make decisions on their own.

I hope you will consider and put some further thought into the transformative process of mediation. Albeit, it's a far more difficult process for a mediator to become highly skilled with, but the rewards are clear. Parties who are given the utmost respect for their own rights and responsibilities to make their own decisions learn conflict skills better than those upon whom a judgment is imposed.

I admire your bringing the idea of alternative methods of working through parental conflicts to the forefront. Yet I do think we can continue the dialogue with an additional discussion on different types of dispute resolution. There are many, they vary in methodologies, and they have very different outcomes. We should always look for long-term, respectful processes, and I fear that imposing judgments on people is often short-term and disrespectful of their abilities.

As is always noted, relationships with severe intimidation and/or power imbalances are usually excluded from all types of dispute resolution, with few exceptions.