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No two marriages are the same, and so it only follows no two divorces will be the same either. While the majority of divorcing couples today choose the traditional model of litigated divorce, keep in mind litigated does not mean the divorce ends up in court. In fact, the vast majority of all divorce cases are resolved by an out-of-court settlement agreement, each choosing a slightly different route of dispute […]

Consider for a moment why you want something, not just what it is you want. There’s a difference. We often take positions asking for what we want without divulging the why. It’s an argumentative tactic we learn even at a young age to ensure an outcome in our favor. Yet understanding the distinction between what and why can lead to a faster, or easier, settlement when it comes to divorce […]

Mediation and collaborative law are two types of alternative dispute resolution processes with a highly important similarity — the goal of amicable resolution. The mediation process commences with the parties involved hiring a mediator to assist them in reaching their goal of settlement. The mediator does not represent either party. The parties each have their respective counsel should he or she choose to be represented. The mediator commonly advises the […]

Making the decision to divorce does not always equate to a battle in court. Trained collaborative law attorneys can review alternative dispute resolution options with you other than the traditional litigation route. In the past few years, the collaborative process has grown due in part to some very positive aspects of collaborative law, which may be a favorable option for you. The collaborative process is a conscious choice to agree […]

Throughout the divorce litigation process, clients will ask their attorneys what the chances of success are on a particular motion or position for an upcoming hearing. Without a crystal ball, it is extremely difficult for practitioners to tell clients what will happen, so practitioners are left relying on experience – and anecdotal evidence — to estimate what may happen.  Every practitioner, however, after saying “you have a 50-50 shot at […]

Binding arbitration may sound very scary to someone looking for an alternative way to resolve his or her divorce. (And, that’s on top of the already scary situation of the divorce itself.)  However, if you know what you are getting into by agreeing to arbitration, the process can have many positives over and above the more traditional process of litigating through the court system. In a binding arbitration, the parties […]