In the most general sense, a nesting arrangement is one where the children remain in the family home while the divorcing parents take turns living in the family home and in another location. In some of my previous blogs, I have covered the basics of nesting arrangements including what nesting actually means in the co-parenting sense and some common logistical considerations. It is an option that sometimes gains popularity in the media when used in celebrity divorces. When this happens, I often see an increase in clients wondering whether nesting is more of a fad for celebrities, or if the arrangement can actually work. Although every family is different, nesting can be beneficial in many situations. Continue Reading
Prenups, Post-nups and Separation Agreements are used to address finances and other issues concerning marital rights and obligations. As I have written in the past, prenuptial agreements are an opportunity for couples to have comprehensive discussions about each partner’s finances leading up to the wedding. Additionally, prenups provide an opportunity for the couple to navigate the financial path they would like to take during the marriage. Similarly, post-nuptial agreements afford couples the opportunity to have conversations about finances during the marriage. If a couple is contemplating divorce and has not executed a pre or post-nuptial agreement, a Separation Agreement can be negotiated. A Separation Agreement is a very detailed written contract that you and your spouse voluntarily sign without involving the court. It addresses all of the financial and other issues of the marriage. Continue Reading
Even as some states loosen stay-at-home restrictions and businesses slowly start to reopen, many areas of everyday life remain effected by the Coronavirus. One of the major disruptions to everyday life has been the operation of local and state courts, and how issues and disputes are being resolved. While some areas are using video conferencing to conduct court business, other courts remain closed, putting a hold on the parties’ abilities to reach resolution. The divorce process has not been immune to these disruptions, as many family courts remain closed except in the case of emergency. Facts constituting an emergency are scrutinized. For individuals already engaged in the divorce process at the onset of the Coronavirus quarantining, or for those seeking to begin the process with the stay-at-home order already in effect, out-of-court divorce processes may provide resolution and relief. Continue Reading
Divorce impacts many aspects of the parties’ lives, including parenting. Whether the conflict surrounding a separation and/or divorce is high or low, the children need to remain a priority in the decision-making that must take place. Two processes for divorce encourage healthy ways of co-parenting. This article addresses the benefits of collaborative divorce and mediation as they relate to children. In both processes, the focus is on what will work moving forward and negativity is discouraged. This promotes a healthier transition for the children to their new normal. I have outlined some of the benefits below.
Collaborative divorce and mediation may provide a healthier way to address the needs of the children.
Both the collaborative divorce and mediation processes are intended to be non-adversarial. Rather than a contentious “winner take all” approach, these processes allow for the parties to work together to create mutually beneficial settlements. Although the divorce process is often stressful and it may be difficult for parties to work together, the professionals encourage respectful dialogue and a cooperative, problem-solving approach rather than an adversarial one. Trained professionals are employed in each process to help facilitate the discussions and keep settlement meetings productive. Because the goal of each process is to reach a mutually beneficial settlement, the negotiations are then able to focus on the needs of the children and how the parties can provide for those needs post-divorce. The goal is to keep the children out of the middle.