An often heard plea from my clients is, “But I am offering a reasonable settlement that is not being accepted; and now we have to prepare for trial?” My response is, “Yes, because we are on that tightrope where if settlement of each and every detail is not agreed upon, we fall off the tightrope and fall through space with … Continued
Imagine a divorce which has been ongoing for several years. The experts essentially agree on the numbers for valuing the marital estate; the lawyers essentially agree on the options for resolution. Hours and hours have been spent working to settle the case, yet the case still does not settle. How can this be, given the time and hard work involved?
Family law cases – divorces and child custody matters – are filled with emotions. One or both parties are at different times throughout the case angry, vengeful, desperate, hurt, sad, and frustrated. These emotions are not the emotions of any rational business decision. As a result, it is often difficult for a party to a family law matter to recognize … Continued
More and more we hear that online legal services and mediation are the answer to give people low conflict divorces. They tout that if you just use their services, there will be no, or little, conflict in your divorce and post-divorce life with your ex-spouse/partner. I disagree; I think this is “putting the cart before the horse.”
When we think of a wedding, we typically think about a joyous time − not about lawyers, meetings and arguments. Yet for many people, their wedding does involve these elements because they have chosen to enter a “prenuptial agreement.” These two thoughts, joy and prenuptial agreement, often collide due to the adversarial nature of lawyers. This is unfortunate because the … Continued
The California Family Code defines collaborative law as the process in which the parties, and any professionals engaged by the parties to assist them, agree in writing to use their best, good faith efforts and attempt to resolve family law disputes without resorting to adversary judicial intervention.
On March 17, 2010, two years ago, I blogged about court closures. Since that time, nothing has improved; in fact, Los Angeles County is going to experience more layoffs and court closures this year. At this point in time, even family law courts – some of our busiest courts – are scheduled to close in the downtown courthouse. Trial dates … Continued
The collaborative divorce model involves a team approach to resolve disputes. Because the team members are working together to reach a settlement, the adversarial nature and posturing often found in traditional divorce litigation is lessened. The needs and dynamics of every family are different, so not all cases will require the involvement of the entire team. However, all collaborative divorces … Continued
There are several ways to obtain a divorce in California. The spectrum of options includes the do-it-yourself divorce, mediation, collaboration or traditional litigation. However, there is no one-size-fits-all option. You must decide which method is best for you and your family under your very specific facts/circumstances. With that in mind, here are some pros and cons to consider before choosing … Continued
Most clients want their divorce, custody, property and financial issues resolved sooner rather than later. The key to accomplishing this is hiring a lawyer who values this goal and understands how to get the case to the point that it can be settled. Obviously, not every case can or should be settled, but statistics tell us that upward of 90% … Continued