Here are some quick keys for how to find and hire a Collaborative attorney. In 2001, Texas passed the First Collaborative Law statute in the United States, then after the Collaborative Divorce Process evolved, in 2011, a much more extensive statute was passed. Since the first Collaborative Law statute was passed in Texas in 2001, many other states and the Uniform Laws Commission of the United States (which seeks to make all states’ laws uniform) passed its own Collaborative Law statute. The … [Read more...]
How Much Does Divorce Cost?
It’s a great question. And a question for which everyone wants to know the answer, but no one seems to be able to. The truth is that it can be answered, just not with a hard, up front number. The answer depends in part on which process you choose and how much you and your spouse are willing to work together. Let’s do a little compare and contrast. First: The Traditional Litigation Route This is the route people know from tv shows. You file a petition and your lawyer prepares what is called … [Read more...]
Divorce and the Family Home
Divorce is a time of emotional and financial stress for the entire family. The first and most important decisions revolve around the children and custody if applicable. The next most important discussion is how to divide equity in the family home and whether it will be sold or retained. First, if neither party wants nor is able to keep the family home, it should be listed for sale. A realtor can represent both parties and should be someone experienced in divorce and real estate. The most … [Read more...]
DIVIDING THE BURIAL PLOT AND OTHER FORGOTTEN ASSETS IN DIVORCE
Getting a divorce is emotionally stressful, especially for older individuals who are nearing retirement (called gray divorces). Because of the emotional overload associated with a divorce, it’s easy to forget about assets you own that need to be divided. Everyone remembers big assets such as the house, retirement accounts, brokerage accounts, and vehicles. However, forgotten items may be valuable or emotionally … [Read more...]
January is Child-Centered Divorce Awareness Month
https://milner-law.com/childrens-well-being-parents-conflict/ The following was contributed by Camille Milner, a Collaborative Divorce Lawyer with milner-law.com Do Children of Divorce Need Counseling? In my practice, I regularly suggest counseling for the children of parents in conflict because, when the parents are so embroiled in their own conflict or pain, they are sometimes unable to recognize their children’s emotional needs in the way that they need to. When any of us are in … [Read more...]
Think Like a Child When Going Through Divorce
For many of my years as a family lawyer I was asked by judges to represent the interests of children going through divorce. As an “ad litem” or “amicus attorney”, it was my duty to talk to my young charges to find out what they were thinking and what was bothering them. In many cases their parents couldn’t agree on where the children should live after the divorce, which parent should have the power to make decisions … [Read more...]
Ten Behaviors of Parents Who Keep Their Divorce Child Focused
When dealing with a divorce where children are a concern, it is of utmost importance to keep the proceedings focused on them and their well-being. A collaborative divorce can achieve this goal, in addition to skipping expensive litigation. Here, we have laid out ten behaviors that divorcing parents should display to keep the divorce child focused, so that parents can promote strong, happy, healthy children during this time. They do not confuse what is best for the children with what is best … [Read more...]
Finance and Children
Divorce is always a challenging time for parents and children alike. There are so many factors to consider such as custody schedules, selling or keeping the family home, splitting assets, etc. As the divorcing parents negotiate the terms of the divorce, they hopefully have the best interest of the children involved. One of the most contentious areas in divorce is finances. Many of the financial matters do not pertain to the children, but there are several that are directly related and managing … [Read more...]
Six Reasons To Choose A Child-Centered Collaborative Divorce
The best way to protect your children during a divorce is to stop fighting and don’t put them in the middle of your disputes. Don’t use the children to hurt each other–make your divorce about protecting them. A high-conflict divorce is harmful to children’s social, personal, and intellectual development–so avoid fighting. A child-centered collaborative divorce can minimize damage to children. Rather that litigate your divorce and postpone healing until after the trial, … [Read more...]
Should Spouses Continue To Live Together During the Divorce?
Living together while going through a divorce can be challenging. Sometimes spouses choose to continue to live together to reduce the expenses of having separate households. However, there are some concerns that continuing to live together is going to result in increased conflict, or anxiety, or stress for the children. Coming up with a pros and cons list and weighing each of the pros and cons can be a way to address this question. Pros and Cons of Continuing to Live … [Read more...]
