The primary function of a consulting attorney is to provide advice and counsel during the mediation process and provide the support you need to advocate for yourself. This is different from a “review attorney” whose primary job is to review the agreement that has been drafted after the mediation process is over. These are 2 very different roles. If you took my previous advice and are interviewing consulting attorneys, these are 3 important questions to ask.
I heard someone suggest that when thinking about New Year’s Resolutions you should think about what you can do that will have an impact in 200-400 years. And that got me thinking about the work I do and how much of an impact it can have on families.
Personally, I want my work to live on through successive generations of families who communicate well and have healthy relationships with others.
When it comes to choosing an alternative to divorcing in court, both divorce mediation and collaborative divorce have their own unique advantages.
Divorce mediation is a private and confidential method of non-adversarial divorce in which the participants advocate for their own needs and concerns without a lawyer present in the room. The mediator will help the parties reach a consensus through a series of 3-way meetings. Although the negotiations are taking place between the spouses, it is highly recommended that each party has a consulting attorney during the process. The mediator is able to provide the couple with legal information, but a consulting attorney can provide a party with individual legal advice. Additionally, the parties may wish to consult other professionals such as appraisers, financial professionals, accountants, and divorce coaches.
Mediation is a great process for maintaining limited involvement with attorneys, but they shouldn’t be shut out completely.
Recently I’ve spoken to a number of potential clients who are about to enter into the divorce process and want to use mediation. These clients come from different backgrounds and have different preconceived notions about mediation, but they all share the desire for an attorney-free divorce. And that is when I have the unenviable task of breaking the news to them: even in mediation, you need an attorney.
Over the past few years, my law and mediation practices have seen a significant increase in requests for prenuptial agreements.
My clients, whether they come from extensive family wealth, are self-made entrepreneurs, or young professionals just starting out in their careers, come to me with the best of intentions. They love their fiance and look forward to a long and happy marriage. But sometimes their approach to the prenuptial agreement gets in their own way. The first thing to realize is that a prenuptial agreement, and the negotiations leading up to it, are often harbingers of what the future marriage will bring. Acrimonious prenup negotiations have a tendency to lead to acrimonious marriages, with long-term resentment and unhappiness.
This fall, I attended a meeting of the International Academy of Collaborative Professionals, where one of the keynote speakers was Donna Hicks, PhD. Throughout Donna’s academic and professional career she has written books about the power of dignity and, specifically, its importance in negotiations of all kinds. Her past clients have included the United States Navy, several large healthcare systems and corporations, and various governments around the world.
One of the weaknesses of litigated divorce is that it encourages rigid thinking that stands in the way of compromise.
Choosing your battles wisely is an important strategy in all areas of life, including if you are in the process of divorce. Unfortunately, traditional divorce attorneys often neglect to give their clients this advice, encouraging them to fight for everything they say they want, regardless of how impractical, impossible or destructive it may be. And when the other spouse inevitably takes opposite positions on those same issues, there’s nowhere to go but to the courthouse where both parties will be subjected to the slow-moving and very public litigation process.
Before marriage was made available to every American, same-sex couples struggled with issues that married couples could take for granted – like hospital visitation rights, after-death services and inheritance rights.
In order to achieve that same peace of mind that married couples enjoy, gays and lesbians came up with some brilliant solutions to bridge the dire straits in which they found themselves. In New York City, the government began a Domestic Partnership registry which granted hospital visitation, health insurance coverage and the inheritance of rent-controlled apartments, among other things. But because those provisions only applied to government-run agencies, lesbians and gays took matters into their own hands to protect themselves and their partners in the private sector through the use of wills, healthcare proxies and burial instructions. Continue reading
Please enjoy this guest blog post by Laura Rolnick, Esq.
On top of the financial and emotional aspects of dissolving a marriage, divorcing couples with children must also consider the very important question of where they will live, and where parenting time will take place. The growing recognition of the family as a sanctified entity even within divorce has inspired new and creative living arrangements, uniquely tailored to the psychological and financial needs of the large number of divorced families with children.
People going through divorce often feel angry, confused, and alone.
They turn to their friends and family when they are contemplating divorce, in the middle of a divorce and all throughout the process. In fact, I often get calls from family members or friends inquiring about the legal services that I can provide to their loved one.
Supportive friends or family members instinctively seek to protect a person they love by saying negative things about his or her spouse.