Posts belonging to Category Collaborative Divorce

ABUSE CAN BE VERY SUBTLE BUT JUST AS DESTRUCTIVE AS A PUNCH IN THE NOSE

As a family lawyer, I often deal with abuse that is difficult, if not impossible to prove.  The divorce lawyer faces many obstacles in dealing with this. First, many people don’t fully appreciate the abuse they are suffering because it is so subtle.  Second, the abused person often feels either responsible or so embarrassed that [...]

PROTECT YOURSELF FROM HAVING LANGUAGE INTERPRETED AGAINST YOU WHEN YOU ARE THE DRAFTER

All attorneys know there are “rules of construction” in the interpretation of contracts and agreements.  These rules call for the Court to first see if the language is clear without further testimony.  If the language is not clear, the Court might hear testimony as to the intent of the parties.  If the intent is still [...]

YOU CAN CHANGE YOUR NAME IN YOUR DIVORCE

All too often, a female client will think about changing her name after we have entered the divorce.  She wants to know how to do it.  This is a shame, because it is easy to incorporate the name change in the Order of the divorce with one sentence and it is done!  One consideration for [...]

IF IT AIN’T WRITTEN DOWN, IT WON’T HAPPEN

Divorce negotiation is a tricky thing.  It is much more complicated than a business negotiation because of the emotions involved.  It is also made difficult by the fact that few married people can negotiate at what we call “arms length.”  Each party has emotional leverage on the other.  Most often, one party has superior emotional [...]

Mediation vs. Litigation – A common sense trend to Resolving Matrimonial Issues

Finding yourself on the doorsteps of divorce is hard enough emotionally but add the multitude of decisions that are going to have to be made and it can feel completely overwhelming. While there are only two main areas for decision-making; kids and money, coming to resolution can take years and use up a lot of [...]

No Nonsense Divorce Tips for Men

Divorce does not need to define you but how you choice to move through it can. The old antage – Fail to plan – plan to fail is rite with wisdom.  While finding yourself on the door steps of divorce may not have been your plan – you can start taking charge. Set the course [...]

THE POWER OF QUICKEN

Every divorce case is a financial planning negotiation and requires the development of detailed budget, asset and liability information.  Assets and liabilities are relatively easy to pin down with documents and appraisals.  Accurate budget information is another thing altogether. Clients are usually told to sit down with their checks and credit cards and average the [...]

WHEN THE POST DIVORCE SITUATION CHANGES, DON’T WAIT TO CONSULT A LAWYER ABOUT CHANGING THE ORDER OF DIVORCE

I have witnessed countless times when the situation of the parties and the children changes after the divorce and the parties do nothing to change the Oorder.  This often leads to unfair results down the road.  Many times, the parties are getting along quite well and agree on changes, but that does not mean there [...]

BE CAREFUL TRANSFERRING HOME TO THE OTHER SPOUSE IN DIVORCE AGREEMENTS

Most divorce agreements provide that one party retain ownership of the marital home.  The other party “Quit Claims” their interest.  There are some serious matters to consider.  Transferring the home (or a car or any other item) does not relieve the person surrendering the property from liability to the mortgage holder.  This means that the [...]

BACK TO SCHOOL TIPS FOR CO-PARENTS

A repost of an article by Jai Kissoon, of OurFamilyWizard.com.  We recommend that all divorced parents explore the site as a possibility of making co-parenting easier and more effective. The new school year is quickly approaching and its time to start preparing. If you and your co-parents both take part in the upbringing of your [...]

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