June 28, 2010

Washington Post Profiles Local Collaborative Divorce Attorney:

In a recent Washington Post article, Regina DeMeo, a Montgomery County divorce attorney, encourage clients to consider collaborative divorce, a process that requires both spouses to agree not to go to court. Instead, they and their individual lawyers, and, in some cases, mental health professionals and a neutral financial adviser, meet to openly hash out the terms of the divorce, a process that is almost always “less painful than a divorce that involves litigation,” and is gaining significant popularity throughout the Washington, D.C. metropolitan area, including in Northern Virginia.

June 7, 2010

VaCP Announces Video Contest Winner:

The Virginia Collaborative Professionals (VaCP) has announced the winners of its Collaborative Divorce Video Contest. The contest received ten entries from all over the world, which were judged by a panel of arts and media professionals and collaborative divorce professionals. View the winning entry, “The Collaborative Road - A Better Way to Divorce.”

June 1, 2010

The Good Karma Divorce:

Family court judge Michele Lowrance recently wrote a book titled “The Good Karma Divorce.” The premise of the book is “The American court system was not built to house or process the violent emotions unleashed by divorce. Attorneys are not trained to reduce the attendant suffering of their divorcing clients and families, and judges have a limited toolkit of remedies. Divorcing couples embark on this frightful journey, believing that the court will deliver justice, and that justice will deliver peace. Most discover somewhere during the process that they are achingly, horribly, alone. This book is the insurance policy against having the kind of divorce you always feared, while showing you how to protect yourself, your children, your finances, your soul, and your psyche.”

The book is a good introduction into some of the reasons that Northern Virginia’s divorcing spouses are choosing the Collaborative Process. Information on the book can be found here: thegoodkarmadivorce.com.

April 26, 2010

Why You Should Use Collaborative Law For Prenuptial Agreements:
    1. The process fits the need. Working out a prenuptial is almost like doing a divorce in advance. There must be a lot of disclosure, planning and problem solving. The parties need to be able to look into the future and make binding, very important decisions about their lives and financial well-being.

    2. The process often utilizes a mental health professional. The negotiations often bring out the worst in people, if the issues aren't handled well. With Collaborative Law, we often bring in a mental health professional to assist the parties to communicate effectively and deal with the stress, and that could be essential in this type of negotiation.

    3. The process often utilizes a financial advisor for both parties. We also often bring in a neutral financial advisor who can help each party understand the financial consequences of the terms under consideration. The financial advisor also helps evaluate the tax effects of various options. Another helpful element is having someone who can assist both parties with budgeting and projecting their needs and capabilities in the future.

    4. There is greater assurance of transparency and the sharing of all relevant information. That is a fundamental element of Collaborative Law, so there would clearly be an emphasis on providing the needed information and openly discussing matters.

April 19, 2010

Top 5 Divorce Mediation Tips:
    1. Select a mediator who has experience in divorce and family law issues.

    2. Review the mediator’s contract, which outlines how the mediator’s fee will be paid and generally describes the mediator’s ethical obligations.

    3. Understand the purpose of the mediation is to encourage open discussion of interests and goals to encourage settlement.

    4. Get prepared. Put together a notebook of relevant documents to carry to mediation.

    5. Establish reasonable time limitations for mediation sessions.

April 12, 2010

7 Reasons To Choose Collaborative Divorce Attorneys:
    1. You each have more control over the outcome. You can voice your opinions and know that you will be heard.
    2. You get to agree to settlement issues based on compromise and fair play instead of having a judge make the final decisions that affect your lives
    3. It is less expensive than litigation. Attorney fees and court costs can add up quickly.
    4. The process takes less time than litigation because you chose the time and place you meet instead of dealing with the timetable of busy divorce courts.
    5. There is far less stress and anxiety involved because you are playing a more active role in the divorce.
    6. The goal is to reach a settlement before anyone files papers in divorce court. Once a couple accepts a settlement, then a legally binding agreement is written and once signed by both parties the papers are filed in court for the approval of a judge.
    7. You know that you worked together to make life easier for everyone. This is especially important if children are involved.

April 5, 2010

How the Economic Downturn is Affecting Divorce Rates:

The Washington Post published an article on the fact that estranged spouses are increasingly waiting out the economic downturn before divorcing. Click to read the article.

While we at Kales & Kales are always in favor of people being able to save their marriages, it is unfortunate if a couple has to stay married even though they do not want to be. Collaborative divorce and mediation can provide more flexible and creative approaches to dealing with the impact of the economic downturn on a married couple’s ability to divorce.