Many are interested in the concept of a collaborative divorce. But an initial question many have is how long a collaborative divorce will take. “Can a collaborative divorce be done in weeks or months, or will it take...more
It’s a common scenario: You don’t want a court to determine your family’s affairs, but you do want a structure in place to ensure you (and your children) get a fair outcome....more
Parties unfamiliar with the legal system shudder at the thought of seeing their life in its most personal context, displayed on a witness stand before a judge and a courtroom full of peering spectators. The angst is...more
Widely adopted in the United States, Canada, and many other countries, the Collaborative Process used in Illinois is a values-driven, private, out-of-court alternative to the traditional litigation model for divorce, often...more
One of the first options to consider when you start your divorce is whether you want to proceed through litigation, mediation, or arbitration. In general, at the outset of a divorce, one chooses amongst these paths. ...more
When summer and school vacations approach, many divorcing spouses wonder: what happens with the children and the parenting plan? Do I get to take them for vacation, and sign them up for camps? What happens if my coparent...more
“Courage is what it takes to stand up and speak; courage is also what it takes to sit down and listen.” ~Winston Churchill- It’s easy to instinctively shy away from conflict and with good reason – given the choice, most...more
A collaborative divorce is an option for many parties because they can potentially resolve their divorce matter outside of court. When a divorce settles outside of court, it can reduce fees and animosity. It can also allow...more
More and more couples are opting for a process called a “Collaborative divorce” when their marriage is at an end. At its core, Collaborative Divorce is a dispute resolution process that asks each party to determine his/her...more
I recently participated with a client in an uncontested divorce hearing where the Probate and Family Court Judge presiding over the matter said something I have not heard many judges say at an uncontested divorce hearing. ...more
When a marriage is not working, many opt for marriage counseling. It can be a good place for a married couple to discuss their difficulties in the marriage in the hopes of resolving them. Many couples can walk out of...more
In most states, divorce and family law filings are public information unless specific actions are taken to protect the documents and hearing from the public eye. Whether an individual is a public figure, a celebrity, a...more
Collaborative Divorce As An Option - A collaborative divorce is an option many parties should consider when their marriage is ending. In a collaborative divorce, both parties hire a lawyer trained in collaborative...more
In divorce or family law matters, mediation is common. In some cases, the court will order that the parties go to mediation. After a case is over in a divorce or family law judgment, the court may even order the parties to...more
August is almost always a tough month for parties going through divorce or custody disputes. In many cases, parties have trouble agreeing on where the children will go to school. The parties might also have trouble agreeing...more
During the COVID-19 crisis, access to the courts is limited. Many courts were only hearing divorce and family law matters virtually. The lack of access to the courts caused many distress and concern. Many had immediate...more
A May 8, 2020 New York Times headline proclaimed, “The Pandemic has Slowed the Divorce Process. Here’s What to Expect.” A litany of nightmares follows -- inability to commence the process, ongoing cases at a standstill,...more
All too often divorce cases involving children end up being hotly contested, with a “win” or “lose” mentality. Inevitably, this mentality results in neither parent winning and the children more often than not losing. While an...more
In the collaborative process, parties are attempting to resolve their divorce or family law matter outside of court in an amicable manner. Parties enlist collaborative lawyers and professionals to assist them. In...more
Parties who settle their divorce or family law matter amicably often do not want to go to court. Not going to court is one of the bonuses of settling the case. Going to court can cause some parties with lots of stress....more
Many want to settle their divorce or family law matter outside of court. However, versus hiring lawyers, they want to work it out on their own. Man ask why they should spend the money on lawyers? The thought makes sense on...more
In any divorce, including a collaborative divorce, all marital property and debt have to be divided. In an equitable division state, marital property and debt are to be divided in a just manner when considering all the...more
In collaborative practice, one goal of both parties ought to be a fair settlement. A fair settlement means that both parties generally believe that the settlement is fair and equitable for both parties. This is counter to...more
The first settlement proposal in a collaborative divorce or family law matter can be critically important. Depending on that first offer, the other party to the case can decide that negotiating may bear fruit. In other...more
Reaching a settlement in a divorce or family law matter is easier said than done. For parties who are participating in a collaborative divorce, most are looking for a reasonable settlement. Otherwise, they wouldn’t be...more