The idea behind paralysis by analysis is when a decision needs to be made, all the options are over-analyzed, and not one “works.” Everything that could happen, should have happened, or did happen is considered and weighed. Then, the paralysis sets in, and no action is taken.

Sometimes this concept can lead to marriages lasting beyond their healthy breakpoint; people are afraid to leave because what awaits on the other side is (understandably) unknown. But, this concept can also carry into the divorce process. For example, let’s say a decision to divorce has been made. When it’s time to analyze the options, the paralysis may begin:

  • “Should I try mediation?”
  • “Should we do the collaborative process?”
  • “Should I just find an attorney who will be my mouthpiece and negotiate on my behalf, and I will never have to see my husband again?”

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If you signed a prenuptial agreement before you got married, and believe there is any chance you and your spouse may divorce in the future, the Tax Cuts and Jobs Act that was signed into law on December 22, 2017 could seriously affect the deal you bargained for.

One major change that occurred when that law was passed was that spousal support, which is also known as alimony or spousal maintenance, will no longer be tax deductible after 2018 to the spouse who is paying it, and will no longer need to be claimed as income by the person receiving it. Under the new law, a separation agreement must be signed within the calendar year of 2018, or there needs to be a judgment of divorce signed in 2018 directing that spousal support will be considered tax deductible in future years.

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Online programs such as It’s Over Easy can walk you through a divorce process, but should you really, completely, “do it yourself” (DIY)?  You might have gone into the divorce process thinking, “We want a simple divorce.” Then you realize that you and your spouse have issues you didn’t even know you need to resolve. It’s at that point you realize it’s not necessarily going to be “over easy.”

If that describes you, mediation can be a great compliment to your online divorce. Artificial intelligence and its applications can help you move through the divorce process: It can generate a checklist of issues that need to be resolved; it can generate legal forms; it may have built-in tools to help create a parenting plan. But it’s not going to help you come to a thoughtful agreement if there is a dispute between you and your spouse.

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One of the advantages of divorce mediation is that it allows both people in the relationship to come together and speak directly to each other — and just as importantly, to be heard. Mediation facilitates decision-making and encourages compromise, but there is one thing about it that makes some people nervous: how to deal with power imbalances.

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View a portion of Andrea Vacca’s presentation on the topic of “Real Estate in Splitsville” to the group UnTied: The Thinking Women’s Divorce Resource.

Click here to watch the video.

Andrea Vacca

At the beginning of each new year, many couples who have been contemplating divorce make a final decision to move forward and end their marriage. That decision was probably hard enough to come to. But there is one more important decision the two of you have to make — HOW will you divorce? What process will you use? You may have heard about the collaborative divorce process from friends, or colleagues, or just your own research online. It sounds exactly like what you need, but you’re not sure how to talk to your spouse about the idea. The one thing you don’t want to do is try and force your spouse to use the process. You don’t want him or her to enter the process under duress. Instead, you want to make sure that your spouse has the information he or she needs to properly consider this process. Continue reading

The prenup was hell, but in the end it was almost as if that document became a repository for our anxieties, holding on to them so we didn’t have to.

~Abby Mims

The above quote comes from an article in The New York Times titled “Prenup Is a Four-Letter Word.” In the article, the author Abby Mims writes about her experience being asked to sign a prenuptial agreement. She and her fiancé had been together for a number of years and already had a child when they decided to marry — but the fiancé wanted a prenup.

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I recently presented a workshop entitled “Collaborating in the Face of Financial Betrayal” at the International Academy of Collaborative Professionals 18th Annual Networking and Educational Forum, alongside my colleagues, Certified Divorce Financial Analyst, Ivy Menchel and Divorce Coach, Abby Rosmarin.

While this workshop was geared to the divorce professionals in the room, there are many lessons that anyone who has dealt with financial betrayal in his or her own marriage — and is contemplating divorce — should understand.

To start, we defined financial betrayal as the keeping of financial secrets in an intimate relationship. Financial secrets are different from other secrets because of the enormous ramifications that often result from them for many years to come.

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On September 25th, Anthony Weiner was sentenced to 21 months in prison for sending sexually explicit text messages to a minor. In this article I do not wish to comment on his crime or sentencing, but rather the interesting dynamic in court between him and his wife, Huma Abedin, during their divorce proceedings in the weeks leading up to his sentencing.

Why was it interesting to me? I had seen photos of Abedin and Weiner under breathless headlines in the New York newspapers and I’ve tried to make sense of it all. In the photos, they were sitting elbow-to-elbow in the courtroom, rather than at separate tables, and seemed to be getting along quite well. Continue reading

Why did you choose to be a divorce lawyer?

This is a common question people ask me, and the answer I commonly give is that I initially wanted to work in an area where I could litigate and work with people — as opposed to working with corporations or parcels of land. Family law seemed like a good fit for that. I eventually realized that litigation wasn’t the right path for me or my clients. I’m not so much a fighter as I am an advocate. And that’s why I left litigation behind and moved to collaborative law and mediation. That’s the short answer.

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