Judges may not base their decisions on a parent's gender when deciding custody as
part of a divorce litigation although different rules apply for unmarried parents.
The adversarial
nature of divorce litigation leaves some lawyers feeling like there must be a better way to help couples through the difficult process of divorce.
Aside from the traditional court - centered divorce, you can choose to engage in alternative dispute resolution, saving yourself the stress and
cost of divorce litigation.
The family attorneys face the
problem of divorce litigation only in the cases when either of the spouses is not able to accept the settlement terms and conditions.
The family attorneys face the problem
of divorce litigation only in the cases when either of the spouses is not able to accept the settlement terms and conditions.
If the above disadvantages do not appear to be factors in your divorce case, you may wish to consider collaborative divorce or mediation
instead of divorce litigation.
Child custody, support, and visitation issues are often the
center of any divorce litigation and are the most common disputes, even after a custody and / or support order is entered.
This can lead to conflict in negotiation since it can be difficult to predict what a court would award each party in the
event of divorce litigation.
In the first twenty years of my practice it was rare that a party died in the
middle of divorce litigation or within a few years of the divorce.
You'll want to consider a prenuptial agreement if you're working hard to create or are inheriting a business or property that will be dramatically increasing in value over the course of your marriage, if you have children from a previous marriage, if you plan to marry someone who is significantly above or below your financial bracket, or if you have a family or closely held business you want to keep
out of any divorce litigation.
When our founder first began the program, there were no other options but the destruction
of divorce litigation attorneys who claimed couples could not mediate their divorce.
She is Executive
Editor of Divorce Litigation, is on the Board of Editors of the Journal of the American Academy of Matrimonial Lawyers, The American Journal of Family Law, and The Family Advocate (ABA Section of Family Law), and has written law review articles for New Mexico Law Review, The Family Law Quarterly, Journal of the American Academy of Matrimonial Lawyers, South Carolina Law Review, and Canadian Journal of Family Law.
The law also encourages the payment on a timely basis of fees that are needed to engage the services of accountants to value businesses and other experts on a timely basis as required for the
conduct of divorce litigation.
The
meaning of Divorce Litigation is the legal process when the couple or two parties require divorce but do not agree on certain terms and conditions.
One of the most important
benefits of divorce litigation in New York State (as opposed to the mediation or collaborative law process) is the ability of a party's divorce attorney to issue discovery subpoenas to third parties to obtain records related to a spouse's income, employment, businesses, credit card and bank accountants and other such records from individuals or business entities that are not parties to the divorce proceedings.
With
decades of divorce litigation and advocacy experience, the team of divorce lawyers and paralegals at Nolletti Law Group, a White Plains divorce law firm, combine superior qualifications, credentials, trial advocacy experience, and courtroom prowess with unmatched organization, preparation, and access to an exceptional network of experts.
But the starting point for any conversation about collaborative divorce has to be an overall shift away from the «us versus them»
mentality of divorce litigation into something that allows people to work through their conflicts and disagreements with integrity.
This same approach is dictated by Rule 1910.16 - 5 (h) where custody of two or more children is divided or split during the
pendency of divorce litigation.
The adversarial process can extend dissolution indefinitely (a recent American BarJournal article relates one man's story — he is still not divorced after twelve
years of divorce litigation.
One of the interesting
aspects of divorce litigation is the requirement that parents mediate their child custody issues, with the judge assigning a mediator in the initial weeks of the case should the parents not have an agreement as to legal custody (joint vs sole) and parenting time.
This is why Alpha Center has created a Resource Directory which includes the
names of divorce litigation attorneys who are experienced and known to be reputable.
Under the stress and
pressure of divorce litigation, spouses are sometimes inclined to give in to their spouse's demands and may part with more property or take on more debt than would be considered fair.
Mediation is a cost - effective alternative to obtaining a Massachusetts divorce without having to go through the
ordeal of divorce litigation.
Practicing family law for more than 35 years and divorce mediation for more than 20 years, Vera Bergermann knows the ins and
outs of the divorce litigation and mediation processes.
While the adversarial and accusatorial
nature of divorce litigation is antithetical to parents having any opportunity to learn how to constructively communicate and promote positive co-parenting, the cooperative and collaborative nature of divorce mediation opens the way for parents to adopt the constructive communication skills required for positive co - parenting.
But consider the recent Ontario case of McCabe v Tissot, where the court was asked to rule on whether the husband should pay the wife's legal fees of $ 430,000, part
of divorce litigation that «financially devastated» both former spouses, and which saw the wife alone rack up almost $ 1 million in legal fees overall.