Traditionally, the first part of every year is very busy for divorce filings.  There is no added legal benefit to filing this time of year, though many observers think it is most popular because the Christmas holidays have caused an imminent filing to be pushed off. Of course, 2013 might even tip the scales more than usual because of the uncertain economy.   Because of this and the decline of the real estate market over the years the retirement plan has taken the spot from the family home as the largest single marital asset for division in the event of dissolution of marriage. A basic understanding of some of the rules and requirements for...

Recent statistics show that the decision to marry is losing popularity. It has also been statistically demonstrated that one out of two first marriages and three out of four second marriages end in divorce. Generations ago, divorce was perceived with a lot of stigma and while that perspective has somewhat improved, divorce is still frequently regarded as the launch into the fight of one’s life. Maybe this is one reason why people are opting out of marriage altogether. Maybe marriage wouldn’t be losing sociological ground if the divorcing population began to choose a divorce that is moral and honorable in its approach. Every...

The Collaborative Practice Team of Professionals as your “crew” when the sailing gets rough.  ed.  People are becoming increasingly vocal about the fact that lawyers and the legal system are not equipped to properly address the emotional issues involved in family law matters. Judge Michele Lowrance, a domestic relations judge in the Circuit Court of Illinois, wrote in her book titled The Good Karma Divorce (Lowrance, 2010), “The court system was not built to house these emotions, and attorneys are not trained to reduce this kind of suffering.  Divorcing people expect relief far beyond what the legal realm can provide from their...

by Lee Chabin, Esq.        Here are some additional thoughts from Mr. Chabin on the value of the Collaborative Practice approach to divorce: http://www.nyparenting.com/stories/2013/2/fp_divorcecolumn_2013_02.html              Every divorcing couple has a choice to make:  How will we get divorced?  What process shall we use? The answer can have tremendous repercussions, emotionally as well as financially for your children as well as for yourselves. In this column, I will discuss one process:  Litigation (going to court). Litigation is usually the most expensive, antagonistic and emotionally difficult process for ending a marriage.  I’m...

‘People of faith’ do face divorce.  It can present them with additional challenges in terms of available support and in maintaining their very faith.  It can seem as if they must leave their faith at the door as they enter the divorce process.    Danette Perry, MBA, MSW, LSW, has been actively working within the Collaborative Practice process, along with other local professionals, to integrate clients’ faith and related concerns within the process.  Within the Collaborative Practice approach there is a great opportunity to, as she puts it “…embrace our beliefs and integrate the virtues of our faith… [and...

Once the clients have used my conflict resolution services “my job as a preventive lawyer is just beginning.”  – Woody Mosten This attitude that our work is not ‘done’ simply because the clients are now divorced, or because the parties have reached an agreement, is a key part of the Paradigm Shift involved in Collaborative Practice.  Having seen this connection in Woody’s chapter for the upcoming ABA book Reinventing the Practice of Law, I thought I would ask him to expand upon it.  Here’s our chat. We’d love to continue this theme with the benefit of your comments! Click here to check out the...