Gene Barr, Esq
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Gene Barr, Esq
Experience tells us that a family going through divorce is a family in crisis - the cost of which is borne by children. When you first contemplate divorce you must begin to make decisions that will seriously impact your family's future. One of the first decisions that you must make is how you are going to pursue divorce. That decision, at least in part, should be based upon the effect that the process you chose will have upon your children.

Your choices are self-representation (divorce without assistance), litigation or mediation. Because of the complexity of matrimonial law, the complexity of issues addressed in divorce, and the duties and obligations assigned, self-representation, although your right, is not recommended. Because self-representation poses an unacceptable risk, your choices remain litigation or mediation.

Divorce by litigation is by its very nature costly, hostile, confrontational, argumentative, and counterproductive to resolution. More importantly litigation serves to further fracture an already fractured relationship making it more difficult, if not impossible, for your family to move forward through the difficult times of divorce to the healing process.
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While mediation is simple to understand, it's sometimes difficult to explain.
When asked, most will say that mediation is an alternative to the traditional dispute resolution model of litigation - and that's true; but mediation is more than that.
Mediation is an environment of trust.
It's an opportunity to sit and discuss important issues in a neutral, non-hostile atmosphere; it's an opportunity for you to express yourself in a safe controlled environment; the structure of that environment finds its roots in the time honored tradition of the village elder, family counselor and religious advisor; recognized neutrals who's interests are to guide you through the minefields of family disputes and facilitate peaceful and respectful resolution of your differences.
First: Mediation is cost effective.
If you proceed with litigation both of you must retain counsel (unless you represent yourself - which is not a wise decision considering the complexity of matrimonial law).
The initial retainer for a competent matrimonial attorney starts at $7,500.00 each.
Before you address the first of many issues you have depleted your assets by $15,000.00.
Second: Mediation is more efficient.
It is well acknowledged, and accepted, that mediation is a more efficient and time effective process.
I came to being an attorney late in life.
I was a commercial contractor for 35 years and at age 38 had no formal education.
After suffering several knee and shoulder surgeries I was told to find another occupation or suffer the consequences later in life; taking that warning seriously, I attended night school for 12 years while working full time.
During those 12 years I earned my Associates Degree (1989), Bachelors Degree (1991), Juris Doctorate (1996), Masters in Education (1998), and Masters in Business Administration in 2000.
Believing that information is critical to making informed decisions, the following is offered to provide you with relevant websites that address issues of divorce, mediation and families in distress.
New York State has a health insurance plan for kids, called Child Health Plus.
Depending on your family's income, your child may be eligible to join either Children's Medicaid or Child Health Plus.
Both Children's Medicaid and Child Health Plus are available through dozens of providers throughout the state.
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