The vast majority of divorces and other family law-related issues end up settling. In this article, I will discuss how a settlement can occur in mediation, collaborative law, and yes, even litigation.
•Mediation is a process in which two individuals must be ready, willing, and able participants to subject themselves to mediation. It involves a neutral party as a mediator, and that person may be an attorney — or not — who helps these two individuals resolve their differences. The key requirement is that there must be two willing participants. If only one is willing, mediation is not the right process.
Many people going through a divorce or other family law related matter have limited experience working with a lawyer; some may have never before hired a lawyer. Others may have prior experience in matrimonial litigation or in other types of cases. The tips below will help anyone going through a divorce, regardless of how many times you’ve worked with a lawyer before your current case.
It’s all right to ask questions.
Write down any questions you have before meeting with an attorney. If you’re prepared in this way, you won’t forget to ask any questions you thought of before the meeting. Remember: there’s no such thing as a silly question. You should walk out of a meeting with an attorney with answers to your questions.
Burden of Proof for Retaining Separate Property Upon Divorce
In a blog post earlier this year, we discussed the importance of maintaining a paper trail
in post judgment matters, as it relates to collection of various expenses.
Similarly, documentation to support the burden of proof is a crucial issue for divorcing couples, who may just assume that—1. because they had an asset before they were married; 2. inherited an asset before or after they were married; and/or 3. received a monetary award in connection with a lawsuit—the asset/award is automatically theirs. However, it is not that simple!
When facing marital trouble and considering the possibility of divorce, many couples wonder how best to handle the daily living situation while residing under the same roof. These are some of the most frequently asked questions and my answers:
To move out or not to move out? Can I? Should I?