process choice

October 16, 2020

Considerations for Choosing an Attorney

When initiating the divorce process, selecting the right attorney may seem challenging and stressful. Finding someone who aligns with your process choice and objectives can help the process move more smoothly. Just as there are different process choices for your divorce, there are different attorney styles. Having a consultation with an experienced family law attorney helps to determine whether the attorney has the requisite experience for your matter and whether he or she will conduct the negotiations in a way that comports you’re your intentions and goals.

There is not a one-size-fits-all approach when it comes to a legal matter, including divorce. Parties should ideally agree on the process that will promote a mutually beneficial outcome. In working toward that goal, finding the “right” attorney is also an important decision. In choosing an attorney, some of the considerations that clients can keep in mind are outlined below.

January 17, 2016

The Benefits of Mediation: Closing the Gap in Finances

by Deborah Hope Wayne

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

January 6, 2016

Facing a Separation or Divorce in the New Year

by Deborah Hope Wayne

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

November 12, 2015

Mediation 101: Overlooked Benefits of Mediation

by Deborah Hope Wayne

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