Family Law Matters BlogI recently posted a blog focusing on the Brad Pitt/Angelina Jolie divorce, specifically that the collaborative law process may be beneficial for the couple. In addition to the general benefits of the collaborative process and how they may be applied to the Pitt/Jolie divorce (the previous blog can be viewed here), the Brangelina case is also an excellent candidate for collaborative law because of the children. Continue Reading
Articles Tagged with collaborative law
Have You Told the Children Yet?
I recently watched a new television program focused on a couple divorcing and all that goes with such a life changing event. A particular episode focused on the couple meeting with a mediator in an effort to talk out the issues. Towards the end of the meeting, in a very judgmental tone and with all of the non-verbal cues that go with judgment, the mediator asked how the children were taking the news. When it became clear that the couple had not yet told the children, the mediator indicated that they needed to tell the children right away. This took place without any discussion about how and when this would happen. In fact, the mediator followed up by a straightforward command to “just tell them.” This hit me the wrong way and left me thinking about the process of when to speak to the children about the divorce and the best way to do so. Continue Reading
Collaborative Law 101: Why Should You Choose Collaborative Law?
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
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
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:
Inside Out: The Synergistic Effect of a Film and a Book
I recently viewed the animated movie, Inside Out. I had read many reviews that the themes presented in the film deal with how we are affected by our emotions. The Inside Out characters are based upon our different emotions. Sadness and Anger were particularly interesting to me! While the movie is a cartoon adventure that takes place entirely within the head of an 11 year old girl, the original look into the minds of the characters can help both children and adults understand and appreciate (each at their own level) the role that emotions play in our behavior and how our behavior affects those around us in different ways. Without going too deeply into the plot (I encourage you to go see it!), we see the main character and her family going through different life events such as a change of job, a move and attending a new school. We see the range of emotions that emerge with life changes and how these emotions play off of one another.
Trending: A New Take on “Best Interest of the Child”
Just a few days ago, social media was trending with its usual celebrity gossip and sports news, but an interesting family law case in Michigan snuck into the mix. A judge in Michigan sent three children to juvenile detention for refusing to have lunch with their father (if you haven’t had a chance to read the story, click here). As a collaborative lawyer who tries to help clients avoid hostile court battles, this story especially peaked my interest. After seeing much commentary and debate on the situation, I gave some thought to my own take on the story.
Collaborative Law: A Foundation
I have been fortunate to work on a variety of matters in my career, but I focus my practice on Collaborative Law and Mediation. I find myself mentioning collaborative law in other blogs I post, and while I give quick definitions here and there, I felt it was important to provide a better foundation of what collaborative law actually is.