Collaborative Divorce – A Somewhat Contrarian View
January 14th, 2010 admin
Eastern North Carolina Divorce ’s Collaborative Divorce? Don’t Hold Your Breath . provides a counterpoise (sort of) to my Should Indiana Have a Statute Promoting Collaborative Divorce? and Explaining Collaborative Divorce . Traditional divorce already has many of the supposed benefits of collaborative divorce. Attorneys do talk to each other, do realize that it is better for their clients (and their children) to work things out, and really do try to reach agreements for their clients. The only thing that collaborative divorce adds is that the attorneys will withdraw if no agreement is reached. And when that happens, clients have to go through the additional expense of hiring new lawyers and paying them for work that their…
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From Family Law Week comes Collaborative prenuptial agreements find favour According to The Law Society’s Gazette, a rising number of clients contemplating marriage are asking for prenuptial agreements to be prepared using the collaborative law model. The report records a shift in attitude among clients who would prefer to adopt a more consensual...
Image by courtesy of Durham Cathedral . To launch collaborative law in County Durham and Wearside, family lawyers from across the county, hosted an event in the Prior’s Hall at Durham Cathedral last Tuesday for all professionals involved in family issues. Collaborative law is an innovative approach to help reduce the emotional cost on couples and...
The recession is keeping some couples together who might have divorced in more prosperous times, rather than riding out a difficult relationship. In Detroit, especially, where unemployment and a depressed housing market have hit as hard as anywhere in the country, the approach towards divorce is changing to meet the market difficulty. Hiring lawyers...
Recently I had a long telephone call with another lawyer who is on the side of me in two different custody cases. We were discussing why my clients were opposed to a shared parenting agreement. After finally clearing out that it was not my views driving the cases but my clients, I think we agreed to two things: 1) we execute our client’s goals...
Image by publik 16 via Flickr Divorce Saloon published Retainer agreements and your divorce: A primer . Some applies directly to Indiana, In New York and most other if not all other states in the Union, a retainer agreement in matrimonial actions is a requirement. Failure to execute one and provide a client with a Statement of Clients Rights and...
Husband was to pay $9,000.00 in installments to wife, husband does pay as ordered but instead starts paying out of a pension payment, and then stopped those payments after paying $7,502.66. ( Marriage of Hurt , pages 2 -4). Apparently, they lived together after the divorce. At a contempt hearing, the parties disputed whether the money sent by husband...
Something here that we lawyers might take for granted but seems to elude non-lawyers. Children from an earlier marriage or relationship are not included as children of the present marriage – even if they are living with you and your spouse. Something trickier occurs when a question arises as to whether the husband is the father of the wife’s...
I don’t encourage anyone to divorce. From my experience divorce doesn’t solve problems, it only adds to the problems you already have. In some cases a marriage is so far beyond repair, a few extra problems post divorce is no reason to stay. What do you do in today’s economy where money is short and problems can seem overwhelming?...
Ah, forgetting to ask all the questions worries me. The problem of the unasked question has a tendency of coming back to haunt – if not to bite. For those of you thinking of doing your own divorce (or legal separation) agreements, I give you this paragraph from WOLSHIRE v. WOLSHIRE , 905 NE 2d 1051 (Ind Court of Appeals 2009) and suggest that...
Understanding how to handle the division of home equity in divorce is important before you ever reach a settlement agreement.
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