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  • Writer's pictureGeraldine Waxman, ESQ.

Same Sex Divorce and the Mediation Process

Gay and lesbian couples may face unique challenges when it comes to family law disputes. If you and your partner are going through a breakup there may be many different agreements to settle involving support payments, property division and child custody. While many of these issues are addressable in Court they oftentimes result in divisiveness and hostility that are permanently destructive to children of the relationship. Example: One partner has adopted a child. The other partner has not. Despite this both parents have been in the child's life from the age of six months. The courts and the rights of the non adoptive parent are analogous to that of a stepparent ---- limited to none. How much better to work through the mediation process because the mediator must take into consideration “promoting the awareness by the parties of the interests of non-participating persons”. Rule 10.300 Standards of Professional Conduct.

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