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
Articles Tagged with separation and divorce
The Effect of COVID-19 on Elements of a Separation and Divorce
When parties initiate the divorce process, there are certain major issues that need to be addressed in coming to a final agreement. These issues include the distribution of property and debt, support (spousal and child, if applicable), health insurance, and custody and parenting arrangements. With the Coronavirus affecting many areas of daily life, some of these common divorce issues may become more complicated as parties work through divorce negotiations. Continue Reading
Co-Parenting: Where Do I Start?
Moms and Dads that choose mediation or collaborative law usually want to create a stable, healthy environment as the family reconfigures during a separation and divorce. A well thought out parenting plan helps children and parents move forward in a positive way. Continue Reading
Bradley Cooper’s Flexible Parenting Plan and Determining What is Right for Other Families
(There are many possibilities…)
A parenting plan outlines how separated parents will continue to care and provide for their children. An effective plan is one that is unique to the family situation and contains information about the parenting time schedule and how decisions related to the children will be made. It also outlines the plan for medical and health care coverage, education and extra-curricular activities. Some parents want a more flexible plan, and some want a consistent schedule. The focus should be on the needs of each child and what is workable and practical for the family. Continue Reading
Best interest of the Children: A Renewed Take on the Brangelina Case Study: It Doesn’t Have To Be This Way!
Divorce and custody disputes are often material for tabloid front pages. Celebrity splits never seem to fall out of favor in the media, even though there are alternative and appropriate dispute resolution methods designed to minimize the hostility. Headlines for years have centered on Brad Pitt and Angelina Jolie – the once happy Hollywood couple nicknamed Brangelina by the media. The couple filed for divorce almost two years ago, yet updates on their relationship continue.. Just recently, reports came out about a “bitter” custody battle allegedly being waged by Jolie. When two parties go from a seemingly happy relationship to a contentious court battle, it might seem like the hopes for respectful and productive negotiations are gone. This does not have to be the case in a high conflict situation because the collaborative law process has created an environment where the focus is on the children and the structure encourages dignity and respect rather than inflame underlying hostilities. Continue Reading
Creating an Effective Parenting Plan: Considerations and Questions for Parents
The divorce process is an emotional time. Tensions surrounding a parenting plan may mount even when both parents prioritize the needs of the children. Responsiveness, stability, and practicality are significant factors in developing a parenting plan. As parents begin to develop a parenting plan, the need for flexibility is also very important in creating options that consider the child first. Continue Reading
Collaborative Law in Practice: The Brangelina Case Study (Part 2): The Role of the Child Specialist in Collaborative Practice
I 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
Collaborative Law in Practice: The Brangelina Case Study
In a recent blog, I discussed several reasons why Collaborative Law is a wise choice in the divorce process. In order to give more depth to discussion on the value of collaborative law, I’ve used information publicly available in the Brad Pitt-Angelina Jolie divorce case along with the points from my previous collaborative blogs to illustrate the benefits of collaborative law. Continue Reading
Parenting Plans and Divorce: Initial Considerations
When constructing a parenting plan, the goal is that both parents maintain a meaningful relationship with the children. When parents live in separate homes, a special challenge is presented in preserving the relationship between children and both parents after divorce or separation. When parents put aside their conflict and work together to find a parenting schedule that works for the whole family, whether it is a 50/50, 60/40 or some other type of plan, everyone usually benefits from the sharing of care. 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