Redefining Family Law: Debra Whitson on Mediation, Divorce Evolution, and Co-Parenting Solutions

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In this The Attorney Post episode, the spotlight is on family law attorney Debra Whitson, who shares insights from her personal and professional journey. Debra opens by discussing her life outside the courtroom, emphasizing the strong bond with her husband of 34 years and their shared love for the natural beauty of the Adirondack Park. Living in such a serene environment has allowed Debra to recharge through activities like hiking and kayaking. Her personal interests and her passion for helping women and children have been guiding forces throughout her legal career.

In her early legal career, Debra worked as a prosecutor, but after years of litigation, she became frustrated with the adversarial nature of the courtroom. Her desire to help people, especially families, led her to transition to family law. This shift was deeply influenced by a personal experience that sparked her desire to focus on mediation and finding peaceful resolutions to family disputes. Debra is particularly passionate about creating better outcomes for children caught in the middle of contentious divorces.

The COVID-19 pandemic added a new layer of complexity to family law, and Debra’s firm faced numerous challenges. With courts closed and guidance from judges sparse, many separated parents struggled with co-parenting, resulting in a surge of inquiries at her firm. Debra’s solution was to create Mediated Online Solutions, a virtual mediation service that allowed her to assist families across different jurisdictions.

The conversation also touches on the pandemic’s impact on children, with Debra highlighting a study that found a significant drop in intelligence among infants raised during lockdown. The lack of social interaction and visual stimuli due to isolation is thought to be a contributing factor, and Debra underscores the long-term effects of the pandemic on child development.

In addition to the serious issues of family law, Debra shares some of the more absurd cases she has encountered. From playground fights between parents to protracted legal battles over trivial items like a porcelain elephant, she illustrates how emotions can sometimes lead to irrational behaviors in legal disputes. These stories offer a glimpse into the unique challenges family law attorneys face.

Debra also reflects on her political ambitions, recalling her unsuccessful run for district attorney. While the loss was disappointing, it ultimately reinforced her commitment to client-centered work, where she feels she can make the most impact.

Looking ahead, Debra discusses the evolution of divorce laws in New York, particularly the shift from fault-based divorce to the concept of irretrievable breakdown of a marriage. This change has made divorces less combative and more focused on solutions, which aligns with Debra’s mediation-first approach. She also discusses changes in how pets are treated in divorce cases, with courts now considering what’s best for the pet rather than treating them as property. This reflects a broader trend towards recognizing pets as integral members of the family.

As Debra nears the next chapter of her life, she expresses a desire to pursue new ventures, including teaching classes on cruise ships. She’s even toying with the idea of hosting a “smart divorce boot camp” aboard a cruise, combining her legal expertise with her love for travel.

Through it all, Debra remains deeply committed to helping families navigate the challenges of divorce and co-parenting. Her innovative approach to mediation and her dedication to her clients shine through in this episode, offering valuable insights into the evolving world of family law.

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