A mediator should help parties reach an agreement that is manageable. Neither party should be completely happy or completely dissatisfied. When a case goes before a judge, the judge is, in fact, limited in the types of resolutions he or she can provide in a case. In mediation, the parties can be far more flexible [...]
Categories: Collaborative Divorce, Mediation, Settlement, Tips
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The main obligation of the Courts and for attorneys is to obtain a fair result. As the economic downturn continues, the Courts are having to make rulings to accommodate job losses, losses of assets, such as stocks, bonds, IRAs, and other financial instruments as well as the devaluation of the marital home and increase [...]
Categories: Child Support, Divorce, Financial, Settlement, Tips
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A divorce can be both scary and a relief from marital problems which cannot be otherwise corrected. The divorce means a loss of a relationship, a loss of time with children, and possibly a loss of money or property. It can also be a step towards independence and self-preservation if one is getting away [...]
Categories: Collaborative Divorce, Divorce, How to Divorce, Marriage, Mediation, Settlement, Tips
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It is fairly well known that an Agreement for divorce on Irreconcilable Differences is always subject to review by the Court for reasonableness, particularly in relation to children and child support. Thus, even though parties might agree to something, a court could disapprove of it and not allow the divorce to go through. This obligation [...]
Categories: Divorce, divorce court, Divorce Laws, Financial, How to Divorce, Settlement, Tips
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Before a court has entered some form of order, each parent has equal rights to custody. Unfortunately, if parents choose to, they can play a vicious and destructive game of “keep away.” Sometimes a “keep away” strategy is necessary, but in such cases, court assistance should be sought as soon as possible. Until there is [...]
Categories: Child Custody, Children & Divorce, Collaborative Divorce, Divorce, divorce court, Divorce Laws, Emotions, How to Divorce, Parenting, Separation, Tips
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I believe lawyers are at particular risk for an armed intruder. Every law office should have a specific plan for dealing with armed intruders. There are three basic steps of action: Escape if you can. (Plan designated escape routes) Hide under a desk or in a closet or anywhere you can find. If left with [...]
Categories: Tips, Uncategorized
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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 [...]
Categories: Collaborative Divorce, Divorce, Divorce Lawyers, Emotions, Love & Relationships, Tips
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I have already had several documents that I have either sent or received which mistakenly had 2011 instead of 2012. Start thinking about the year change now. When you draft proposed agreements or pleadings, or notary signatures, leave the year blank, such as “201_” instead of anticipating the year the document will actually be signed. [...]
Categories: Do-It-Yourself Divorce, How to Divorce, Settlement, Tips
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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 [...]
Categories: Collaborative Divorce, Divorce, divorce court, Divorce Laws, Do-It-Yourself Divorce, How to Divorce, Legal, Mediation, Settlement, Tips, Uncategorized
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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 [...]
Categories: Children & Divorce, Collaborative Divorce, Divorce, divorce court, Divorce Laws, Do-It-Yourself Divorce, How to Divorce, Tips
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