NEW PENALTIES FOR YOUNG AND NEW DRIVERS TEXTING WHILE DRIVING
A new law imposed yesterday imposes new penalties upon young and new drivers caught using hand held phones while operating a motor vehicle. These drivers will face a 120-day license suspension and a second offense
will lead to a year-long suspension. More experienced drivers will now face additional fines for repeat offenses, in addition to the whopping 5 moving points on their license per violation.
DIVORCE HOTEL?
In 2011, Netherlands saw its first "Divorce Hotel." In September 2014, Divorce Hotel has come to Saratoga Springs, New York. The idea is to let married couples undergo divorce mediation, negotiating a separation or opting-out agreement while spending a "luxurious" two-day weekend away from home. It has been described as less intimidating than a typical courtroom setting. "It's eight hours a day of pretty hard work, pretty hard questions and answers and decisions that [divorcing couples] have to make." But there is also champagne, massages, and bike trails.
There seems to be no mention whatsoever of attorneys being involved in the mediation. The mediator is not an expert in the matrimonial law of the state in which the couple will be divorced, although the article does state that a local attorney was "contacted" to ensure compliance with state law. Hopefully, that was a very long conversation. An expert consultant for asset valuation or even for just exceedingly complicated areas of the law, such as military pensions, are not available.
This seems like an exceedingly bad idea. Mediation can be a fantastic process, but mediation also typically involves disclosure and an analysis of all issues prior to the mediation. Also, breaks can be taken to sort out problems which may suddenly turn up. There is no invisible ticking clock against which the mediator will undoubtedly be watching, as it is he or she who profits when they can boast another "successful" stay at the Divorce Hotel.
Furthermore, New York matrimonial law is much different than, say, Colorado matrimonial law. For example, degrees and celebrity status earned during the marriage is marital property in New York and California, but not in many, or any, other states. The age of emancipation for child support purposes is 21 in New York, but in many other states, it is 18.
What happens when the mediator forgets to put into the agreement the statutorily required "presumptive child support amount"? The entire agreement can become invalid and unenforceable as a matter of law. What happens when it is realized that the mediator forgot to distribute a certain asset within the agreement, such as a bank account which one party "forgot" to disclose or the yearly child tax exemptions, which can be worth tens of thousands of dollars? Probably absolutely nothing. The non-titled spouse will lose, plain and simple, absent fraud, duress, unconscionability, or the like.
Mrs. Kathrine Robbins says that attorneys who criticize Divorce Hotel have an ulterior motive: "Of course, they don't want this to be the big thing because it's going to take business from them." Mrs. Robbins and her (soon to be ex-) husband, Jonathan, "besides divorcing, biked, dined and drank champagne together" during their weekend. They still live together in Colorado.
I am glad that the process ended up working out for Mrs. Robbins; however, the possible problems and ethical issues at play here are undeniable, as further pointed out by Anju Jessani, an accredited professional mediator, and founder of New Jersey-based "Divorce with Dignity." Link. There are ways to have a quick and relatively affordable divorce. It is a simple thing to draft an opting-out agreement with a couple who can agree on everything. But this is seems like it can present major, unfixable problems for divorcing couples down the line.
There are certain things that should never be rushed. Marriage is one of them. Divorce is another. As the old adage says: "Haste makes waste." ALWAYS consult with a local attorney before signing any document, whether it be drafted by your spouse or a mediator.
Now, if only attorneys could accompany the clients at the luxurious Saratoga Springs resort...
No comments:
Post a Comment