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Divorce Litigation

3 Ways to Protect Your Personal Injury Award or Settlement from Your Divorce

Diane L. Danois, J.D. | Posted 02.18.2015 | Divorce
Diane L. Danois, J.D.

What happens to your money from a personal injury award or settlement, when you divorce? The short answer is, "It depends."

Lawyer Paternalism Is A Very Serious Problem

Mark Baer | Posted 01.20.2015 | Divorce
Mark Baer

The "temporary incompetence" of clients due to their emotional state and the attorneys' paternalistic attitude toward clients create a lack of understanding on the part of both the attorney and the client. This is the legal equivalent of a ship that hits rocks, runs aground, veers off course, and possibly sinks.

Divorcing Parents: Avoid the Celebrity Path. Don't Blindly Go to Court

Rosalind Sedacca | Posted 02.21.2015 | Divorce
Rosalind Sedacca

It's easy to forget that divorce litigation is really a luxury, not a necessity. And it's often a luxury that results in material success at the cost of familial success. Not only is fighting expensive, it's often more about ego than concern for the best interest of your kids.

How To Select The Best Mediator Is a Must Read for Everyone

Mark Baer | Posted 01.18.2015 | Divorce
Mark Baer

I cannot thank Mr. Peters enough for putting so much effort into writing such an outstanding book and highly recommend that every professional involved in dispute and/or conflict resolution and everyone involved in a dispute and/or conflict take the time to read this book.

My Wife Filed for Divorce! Now What?

Jackie Pilossoph | Posted 10.15.2014 | Divorce
Jackie Pilossoph

Typical scenario: You know you're having problems with your spouse. There's lots of arguing, the person seems like a stranger, and everyone's walking on eggshells.

Divorcing Parents: 10 Questions to Ask Before Fighting Over the Kids

Rosalind Sedacca | Posted 09.20.2014 | Divorce
Rosalind Sedacca

Seek out attorneys who are genuinely family-focused and try to keep you out of court. Bring in therapists or divorce coaches to provide insights and strategies for resolving conflict on behalf of everyone in the family. Be a caring, responsible parent.

Costs of Litigating a Termination of Alimony Claim - Is It Worth the Price?`

Diane L. Danois, J.D. | Posted 08.23.2014 | Divorce
Diane L. Danois, J.D.

At the end of the day, very often litigants are left wondering, "Was it worth it?" Wouldn't it be nice if we could go into the process with a better understanding of what it may actually cost to litigate a claim, so we can weigh the pros and cons and make our own, informed decisions?

Are You Certain That Your Lawyer Is Not Impaired?

Mark Baer | Posted 06.14.2014 | Divorce
Mark Baer

I have written a number of articles about the negative impact that certain "types" of attorneys have made on our "system of justice." The first articl...

When It's War

Terri Weiss | Posted 04.12.2014 | Divorce
Terri Weiss

Punishing court orders pelt you until you can hardly see straight. The motions keep coming; you're in court all the time. Child Protective Services is pounding down your door and your in-laws are pressing charges. You're broke; you're incarcerated; you're terrified. Sound like a nightmare? For many, it's reality.

The Divorce Process: Let me Introduce You to the Judge

Jackie Pilossoph | Posted 03.10.2014 | Divorce
Jackie Pilossoph

Anyone who has ever been through the divorce process can tell you all about divorce judges, the people who are making life decisions for you if you are in litigation.

What Kids Want for New Year's

Beverly Willett | Posted 03.09.2014 | Divorce
Beverly Willett

I'd bet the house (if I still had one) that no kid sitting on Santa's knee this past Christmas wished for mommy and daddy to split up and live in sepa...

5 Ways to Protect Children During Divorce

Deborah Anderson Bialis | Posted 01.25.2014 | Divorce
Deborah Anderson Bialis

Wondering what is best for your kids and navigating the optimal way to get them through the transition might feel like a constant struggle.

Things to Consider Before Litigating

Mark Baer | Posted 01.25.2014 | Crime
Mark Baer

As you can see, decisions rendered in court are not based on all of the evidence -- just all of the legally admissible evidence

Family Law Litigation: The Gift That Keeps On Giving!

Mark Baer | Posted 01.23.2014 | Divorce
Mark Baer

Everyone in the family law trenches knows that such overreactions are far from uncommon as a result of the exacerbation of conflict and increased distrust resulting from a litigated divorce.

Aggressive Lawyering Is Counter-Productive

Mark Baer | Posted 01.23.2014 | Divorce
Mark Baer

If clients stopped requesting and otherwise seeking out destructive lawyers who are making a tremendous amount of money doing nothing but wreaking havoc and destroying families among other things, the supply of such lawyers would decrease.

Important Distinctions Between Litigation and Mediation

Mark Baer | Posted 01.23.2014 | Divorce
Mark Baer

Throughout the conference, the panelists kept reiterating that what occurs in court is state specific, "locale specific," and jurist specific. In other words, results vary from judge to judge based upon the judge's biases, beliefs, assumptions and values. I think this should really scare anyone and everyone.

Parties' Positions and the Mediation Process

Mark Baer | Posted 01.23.2014 | Divorce
Mark Baer

Evaluating the "strengths and weaknesses of the parties' positions" is often more perception than reality.

Which Would You Choose -- Mediation or Litigation - When Seeking Child Support Modification?

Diane L. Danois, J.D. | Posted 09.29.2013 | Divorce
Diane L. Danois, J.D.

Since the amount of child support one is required to contribute is formulary and based on statutory guidelines, it stands to reason then that modification of child support would be requested when there is a "substantial change of circumstance."

The 5 Craziest Things People Have Fought Over In Divorce

Alison Heller | Posted 09.21.2013 | Divorce
Alison Heller

Losing the battle and winning the war is great in concept, but most of us have at one point in our lives yielded to the alternative principle: getting tripped up on the petty.

Divorce and the Grieving Process

Mark Baer | Posted 09.07.2013 | Divorce
Mark Baer

Conflict is reduced by appropriately addressing the grief and loss from the very beginning. Doesn't it therefore make sense that lawyers involved in the field of family law should have a better understanding of grief and loss?

Is the Adversary Model Appropriate or Suitable for Family Law Matters?

Mark Baer | Posted 08.09.2013 | Divorce
Mark Baer

Divorce doesn't impact children, especially if they are adults, does it? When families are "ripped apart by divorce," it has no consequences, right? ...

What You Need To Know About The Divorce Process

Posted 05.29.2013 | Divorce

Though many couples are opting for collaborative divorce and mediation today, there are times when traditional litigation is the best way to proceed w...

Divorce Litigation: It's Not for Wimps

Jackie Pilossoph | Posted 07.28.2013 | Divorce
Jackie Pilossoph

There are many ways to get divorced. You and your soon-to-be ex can sit in a room together, split everything up, sign a piece of paper, file it with a judge and get divorced for a small fee. Not likely to happen, but it's been done.

Why You Should Consider Mediating Your Split

Diane L. Danois, J.D. | Posted 06.01.2013 | Divorce
Diane L. Danois, J.D.

It's been said that divorce is a process. Divorce is a tedious, arduous, and typically unpleasant process.

Why Equal Custody Should Be The Legal Norm

Fred Silberberg | Posted 08.29.2012 | Divorce
Fred Silberberg

There is one presumption that seems to be missing from the body of legal presumptions in family law: the presumption that equal custody timesharing is appropriate for children involved in divorce and paternity custody disputes.