In a recent blog, I discussed several reasons why Collaborative Law is a wise choice in the divorce process. In order to give more depth to discussion on the value of collaborative law, I’ve used information publicly available in the Brad Pitt-Angelina Jolie divorce case along with the points from my previous collaborative blogs to illustrate the benefits of collaborative law.  Continue Reading

When constructing a parenting plan, the goal is that both parents maintain a meaningful relationship with the children.  When parents live in separate homes, a special challenge is presented in preserving the relationship between children and both parents after divorce or separation.  When parents put aside their conflict and work together to find a parenting schedule that works for the whole family, whether it is a 50/50, 60/40 or some other type of plan, everyone usually benefits from the sharing of care.  Continue Reading

My practice is founded on the premise that most people want to resolve their family law matter without going to court. The consequences of a litigated divorce can be unintended and destructive to the parties’ lives and the children.  The collaborative law separation and divorce focuses on settlement with the whole family in mind.  Lawyers advocate for their client by helping their clients to have a voice in the process with a focus towards reasonable, practical solutions. While most litigated cases settle, it is the path to settlement that can take a toll on the family.  In the first installment of Collaborative Law 101, I discussed five key features of the collaborative law process. After reading, you may still be trying to decide whether the collaborative process is the right choice. While the introductory post on Collaborative Law gives you a sense of what collaborative law really means, in this post, I’ve focused in one some key reasons that collaborative law is a wise choice. Continue Reading

The Superman myth means many things to many people.  It is uniquely open to interpretation.  While a key element of the Superman story is Superman’s amazing capabilities, he also had certain weaknesses.  Such may be the case with Jon Peters, a talented producer in the Superman franchise who is being sued by his ex-wife, Mindy Peters, over what Mindy claims was a gift entitling her to a stake in the Superman profits.  Continue Reading

Negotiating a divorce settlement is stressful even under the best of circumstances.  Real property owned by the couple (such as the marital residence) is often part of the negotiation.  Knowing how to obtain a fair, impartial and accurate assessment of the value of real estate is integral to the process. Once the value is determined, there are many options available for the distribution of the property.  The choice of options depends on the priorities of the parties and the economic situation of each family. Continue Reading

A postnuptial agreement (“postnup”) is an agreement entered into by a couple after marriage. The agreement can cover a range of topics from lifestyle issues to the couple’s wishes if they choose to divorce. A postnup, like a prenup, is designed to protect the marriage and provide the couple with security. Because it is a legally binding agreement, a postnup must conform to certain requirements based on the state in which it is enforced. While couples often choose to work with an attorney to execute a postnup, some couples try to do it on their own. This was the case in the recent Ballesteros decision.  Continue Reading

I have written in the past about the importance of choosing the right attorney for your legal needs. From time to time, potential clients come to me with a set of papers prepared through an online service.  These papers often lack important details and/or do not address core issues – especially in more complex or unique situations. When you are not working directly with an attorney, how can you be sure your needs are being met?  The internet is saturated with sites offering legal services at a deep discount. The services can be used for anything from business formation to wills. While many of these providers emphasize the role of attorneys in drafting the documents, this type of disclaimer sometimes leads the users to believe that the role of the attorney is then to review these pre-packaged documents. . Many people choose to use discount legal service providers because the price can often be lower than working with an attorney with specialized experience and also because of the perception that the process will be quicker through the service provider. Continue Reading

OLYMPUS DIGITAL CAMERASocial media serves as an open journal or scrapbook for many people. It allows distant friends to reconnect, family members to keep in touch, and people to share accomplishments. However, social media has also become an easy way for people to get a window into someone’s hobbies, spending habits, and even one’s schedule. In the divorce process, care should be taken so that social media does not frustrate the negotiations.  Continue Reading

When a family goes through the divorce process, there is often an emphasis placed on co-parenting – both parents sharing the responsibilities of caring for the children. It is important that spouses and co-parents find an approach to child custody and timesharing that suits their own family’s background, circumstances, needs and preferences. Continue Reading

The divorce process involves many aspects of the relationship from an emotional and financial standpoint.  The most contentious issues often center on the parties’ finances. Because addressing cash flow and the distribution of assets can create added stress during the divorce process, mediation is often considered as the best alternative to going to court.  In this process, both parties have an opportunity to obtain complete information on the family’s financial situation and make informed decisions about how to move forward.  This is especially important when there is an imbalance in the relationship caused by either a disparity in income or understanding about the finances. Regardless of the reason for the financial imbalance, mediation allows for both parties to have a fair process and equal opportunity for his/her questions and concerns to be heard and addressed while coming to an agreement.  Continue Reading