Why does collaborative divorce work? The answer depends on who you ask. Lawyers may say it works because it gets the lawyers and judges out of the way. Clients may say it works because of the control it gives them over their divorces, estates and children. Neutral professionals may say it works because they can bring their one-on-one expertise to bear. My view is different and it is this – it’s none of the above nor any other of the umpteen reasons we might give why collaborative divorce is so … [Read more...]
Twelve Tips For Fighting Fair In Marriage
The rules of fair fighting include giving your spouse warning, picking a neutral spot, and getting mutual consent. Also, allow each person equal time to talk and give feedback. Don’t be afraid of conflict, express your honest feelings, avoid personal attacks, and don’t fight when tired or rushed. Stick to the point, admit you’re not perfect, avoid keeping score, compromise, and never use violence. 1. Give Your Partner Warning, Meet in a Neutral Room, and Get Consent. Don’t surprise your … [Read more...]
Refinancing During Divorce
For divorcing couples whose family home is community property, it’s often their most valuable asset, and who gets to keep it can be a contentious issue. It’s usual for the spouse who has primary custody to want the children to remain in their home, attend the same school, and stay close to friends. However, the divorced spouse can’t always afford to keep the family home because it’s too expensive, so they have to sell, divide the proceeds, and buy smaller homes in the same area. If the couple … [Read more...]
Four Core Principles of Collaborative Divorce
Collaborative Divorce is a constructive, settlement oriented, process designed to help families resolve their conflicts without having to go to court. The following are four core principles that make up the backbone of Collaborative Divorce. The process works at its best when clients, their lawyers and all other professionals participating in the process stay grounded in these five core principles. 1. Constructive Settlement based on Common Courtesy and Care for the Family. The core … [Read more...]
Mid-Life Crisis and Divorce
Any major life change, such as death of a parent, child birth, loss of a job, a major illness, living apart from your spouse, or becoming empty nesters when your children leave home, can produce a mid-life crisis and lead to divorce. People who experience significant loss or other life changing events may suddenly begin questioning whether they want to continue the way they live now for the rest of their life. What sorts of people are most likely to suffer mid-life crises? Those who do what is … [Read more...]
How Can You Get Alimony in Texas?
There are two types of support payments available in Texas: spousal maintenance and contractual alimony. Spousal maintenance is authorized by the Texas Family Code and may be court-ordered if the parties meet certain legal criteria. By contrast, contractual alimony is based on IRS provisions and an agreement between the parties. Spousal maintenance payments are strictly limited in amount and duration while contractual alimony payments can be for any amount and length of time. 1. Eligibility … [Read more...]
Ten Financial Decisions You Must Make During Divorce
You will face important financial choices during a divorce, including documenting what you own, dealing with the family home, dividing marital property, proving separate property, separating pensions, ensuring access to credit, buying health insurance, determining child support or alimony, allocating debt, and planning your financial future. 1. Determining What You Own The first step is to document your assets and debts. Collect bank statements, brokerage accounts, tax returns, insurance … [Read more...]
Solving Debt in Divorce: You Won’t Get These Options in Court
For couples facing a divorce, it is often a time filled with feelings of sadness over the loss of the marriage relationship and anxieties about the future. These feelings can be further exacerbated when there is substantial marital debt. There are no easy answers for these situations, but in “no court” settlement processes, such as collaborative divorce, couples can often creatively approach the topic of their debts and develop options for resolution that are not usually available in … [Read more...]
Divorce and Addiction: What You Need to Know
If you’re married to an addict, you suffer directly and by watching your spouse deteriorate. Addicts lie, are reckless, and they cheat. Moreover, you’re partly responsible for the damage they do. If your alcoholic spouse drives, you worry when he’s out, you bail him out of jail at 2 a.m., and help pay the fines and attorney’s fees. Addiction is a huge challenge and couples are more likely to divorce when facing drug or alcohol issues. Addiction Statistics There are approximately fourteen … [Read more...]
3 Creative Ways to Divide a Marital Estate
For couples facing a divorce, it is often a time filled with feelings of sadness over the loss of the marriage relationship and anxieties about the future. These feelings can be further exacerbated when there is substantial marital debt. There are no easy answers for these situations, but in “no court” settlement processes, such as collaborative divorce, couples can often creatively approach the topic of their debts and develop options for resolution that are not usually available in … [Read more...]
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