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
Buyer Beware: Discount Legal Service Providers
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
Social Media & Divorce
Social 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
Co-Parenting During the Divorce Process
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 Benefits of Mediation: Closing the Gap in Finances
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
Facing a Separation or Divorce in the New Year
January is a month that people often decide to make life changes. If you and your spouse have made the decision to separate or divorce, you may be thinking about how to proceed. Choosing the right process is an important decision because it will affect how negotiations take place. There are three main processes: mediation, collaborative law and litigation. For couples that want to make their own decisions, rather than have a third party decide, the choices that make the most sense are mediation and collaborative law. Negotiations in both of these processes take place outside of the court system in a series of meetings. In both processes, the couple actively participates and sets its own pace. Both processes are voluntary, meaning the process can be ended at any time for any reason. Both processes are also confidential. That means that discussions and all materials developed for these processes are generally not admissible in any subsequent court or contested proceeding. Both processes offer a full opportunity to obtain the information needed to make decisions. Continue Reading
Mediation 101: Overlooked Benefits of Mediation
Mediation is a process where a neutral professional facilitates the communication between two parties in order to help them reach a mutually acceptable resolution of a dispute. Mediation is used in many types of legal disputes, but can be especially valuable in the context of family law, more specifically divorce. Aside from the usefulness of the process itself, there are many benefits of mediation that are often overlooked. Continue Reading
Challenging Maintenance Provisions in a Prenup: The Real “Big Bang”
Prenuptial agreements can include many different areas, including maintenance arrangements in the event of a divorce. Specific requirements and limitations on maintenance provisions vary from state-to-state. A celebrity prenup has recently come into the news because one spouse is challenging the maintenance provision of the agreement and requesting a modification. It does not appear that he is challenging the prenup itself, just the maintenance provision. Continue Reading
Prenup Durability and the Importance of Independent Counsel: The Ken Griffin Divorce Case
Ken Griffin, considered Illinois’ richest man and worth billions, has recently settled his divorce case right as the trial over his prenuptial agreement was set to begin. Griffin and his estranged wife have been in a divorce battle for over a year. The main issue was the validity of a prenuptial agreement the couple had executed.
Although the final prenuptial agreement was not signed until the day before the couple’s wedding, the court ruled that the agreement is valid. This case is a great example of how hard it is to challenge the validity of a prenuptial agreement. The court will look at many factors in making the determination. Continue Reading
Collaborative Law 101: 5 Key Features
Collaborative law is a process used to resolve family and other disputes respectfully and equitably without going to court. Each party retains his or her own attorney who has been specially trained in the collaborative law process to advise and assist in negotiating an agreement. The negotiations take place out of court in a series of meetings. The goal is to help individuals to focus on what is most important to them. The collaborative law process is ideal for individuals who want reasonable and practical solutions. Here are five key points that help to summarize the collaborative law process and its importance in family law: