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Collaborative Divorce or Cooperative Divorce?

Introduction "Collaborative divorce " is the new buzz word in family law practice. Its proponents enthuse about better and less costly settlements, greater client satisfaction, fewer accounts receivable, and less stress in the practice of law, than they can achieve through a conventional approach to family law disputes. How realistic are these claims? What are the down sides of "collaborative divorce "? Does the concept of "collaborative divorce " present ethical pitfalls and possible malpractice minefields for the unwary practitioner? Lawyers who participate in the "collaborative divorce " movement use methods borrowed from more established alternative dispute resolution procedures to resolve family law disputes without litigation. However, unlike more accepted dispute resolution procedures, in "collaborative divorce " the lawyers and their clients agree that they will not engage in formal discovery, will voluntarily disclose informa...

Divorce Do's and Don'ts

Going through a divorce can be a trying time emotionally, physically, and financially. The results of a divorce may follow you for years and possibly for the rest of your life. Do all you can to insure the final results of your divorce are as positive as possible. Divorce for the Right Reason(s) Make sure you are getting divorce d for the right reasons. People change, your spouse did and so did you. Communication during a marriage can break down and things like kids and finances can come between couples. Getting a divorce will not make the kids go away and often makes financial matters even worse. Seek counseling if there is even a slim chance that the marriage can be salvaged. Often people think if I simply get rid of him/her I will be happy but there may be an underlying reason to your unhappiness that has nothing to do with your spouse. A qualified marriage counselor can often help you individually or together root out and solve marriage problems. Uncontested Divorce If y...

5 Ways To Ensure You Will Have a Happy Life After Divorce

Life after divorce is something that most people who are going through divorce think about. Thinking about having a life after divorce or thinking about how your life will be after divorce , are common because people tend to fear for themselves. In fact, think about having a life after divorce while getting a divorce can be a sticking point for some people because they just aren't sure what their life will "look like" after divorce . Here's 5 things to keep in mind so can have a life after divorce : Life after divorce item 1: Think about your emotional stability...if you wanted the divorce or not, you must face it head on. Divorce is tough and whether you're going through it or your are already past it, your emotional stability is of vital importance because you might tend to be somewhat touchy after going through an emotional ordeal. Keep in mind that your life after divorce can be great but you must admit that you will go through (or have gone throu...

Michigan Divorce Handbook

MICHIGAN NO-FAULT DIVORCE As Most people are of aware, Michigan is a no-fault state. In fact, Michigan has been a no-fault jurisdiction since 1973. Although there are arguments to ending this status of a no-fault jurisdiction, as can be recently attested to by legislation in the Michigan House and Senate, most divorce attorneys would argue that our system has been an effective system. Some have argued that the no-fault status has attributed to the rise in the number of divorce s since the 1960's. Most attorneys would argue that changing demographic and socioeconomic factors are responsible for the increase in divorce s. Although the no-fault status generally means a 50/50 split in assets, there are certain factors such as fault that can be used in making a breakdown of marital assets. For instance, if it is found that one of the spouses had affairs or was extremely abusive, judges are now reluctant to award more property to the not-at-fault party. For instance, if there are asse...

How to protect yourself from divorce

When you learn that you are going to be getting divorce d, it may be have been coming for a long time or it may come as a complete surprise. Either way, there are certain things that you can do for yourself, your children, and your finances. This does not mean that you have to take all of your bank accounts and all that you have and wipe them out. You have to take the responsible interests throughout the marriage so that you can protect yourself and all that you before and after if the marriage ever dissolves. There are ways that you can act reasonably while you are protecting your interests. These are only precautions that you will need to take care of if the divorce is not being ended amicably. Depending on how well you and your spouse can get along at the time of the divorce , you may choose not to act on some of the suggestions that are given. You may decide that you and your spouse can work arrangements for everything without arguing. Whenever possible, try and make everythin...

Should you have an attorney for a divorce?

If you are thinking about a divorce or your spouse has already filed for a divorce , it is a good idea to get an attorney. This is something that you should do to protect yourself. You will have a lot of questions and you will defiantly need to have answers. You need to be made aware of all the possible outcomes and do what you need to in order to protect your future. There is always the option of representing yourself in a divorce proceeding. However, this is not always the recommendation. If there are serious questions involved like children or assets, it is better to have the assistance of an attorney. The attorney can represent only one of the parities involved. If you are not able to afford an attorney, the judge may seek assistance for you from your spouse. One reason to get an attorney for a divorce proceeding is because there may be spousal support involved. This is called alimony. Depending on the length of time you were married, the age and health of the parties involv...

What parents need to avoid when getting a divorce

When you are getting a divorce and there are children involved, it is important to be careful how you react in front of the children. After you tell them what is going on and explaining to them that they are still loved by both parents, you do not want to upset them in any way. You need to make sure that the children are feeling safe and secure knowing that both parents love them. You should never have a fight in front of the children with the other parent. This will be very disturbing to the children and may cause them to be fearful of what may happen in the future. You should not speak in a bad way about the other parent as well. You have to be very careful not to call the other parent names or talk bad about any thing that they have done. Never keep the children away from the other parent unless they are in danger of anything. You should let the children see the parent when they feel the need to. Let them know that they can call them anytime and you will be happy to drive them...