May 24, 2016 - {3:48 minutes to read} Courts are now required to consider the following factor, among many others, in making a maintenance award or determining if the statutory amount was unjust: “. . . the existence and duration of a pre-marital joint household or a pre-divorce separate household.” In English, this means that it is relevant to the Court if a couple lived together before they were married, or if they lived apart for a period of time before starting a divor [...]

March 4, 2015 - {2:50 minutes to read}  We all approach situations differently. Some, when confronted with a problem will attack it in a logical, methodical fashion, with the goal of getting it resolved in the quickest and most economical way. Others will see even a minor crisis as an impossible situation that can only be remedied by spending a lot of time complaining about it, and a lot of money needlessly. Often, these same people are married to one another. In a real emergency, [...]

December 22, 2014 - In my last blog, I wrote about how a mediation can begin if one spouse isn’t quite as prepared to divorce as the other party. Now, I would like to address what happens when those feelings do not diminish as the mediation progresses. The practical effect in a mediation when one party is reluctant to divorce can be that the reluctant party continually expresses blame and fault against the other party. They may say things like “I didn’t want this, so why [...]

December 10, 2014 - It’s rare in my practice for both parties to be in the same frame of mind about getting a divorce. Most often, one person is more prepared for the process and the separation, while the other party may not even have come to terms with the concept that the marriage will come to an end. When I used to litigate, you needed grounds for divorce. If only one person wanted the divorce but had no grounds, then he or she would either have to stay married or be prepared to m [...]

December 17, 2013 - Admittedly, it is uncomfortable to raise the idea of signing a pre-nuptial agreement with the person with whom you have just agreed to spend the rest of your life. And it’s unlikely to get any more comfortable for you when you actually start discussing the terms of the agreement. That said, it is a discussion that I recommend anyone planning a marriage have if one of you has accumulated more assets than the other, expect a major inheritance, have children from a p [...]

October 30, 2013 - Previously, I wrote about how a mediation can begin if one spouse isn’t quite as prepared to divorce as the other party. Now, I would like to address what happens when those feelings do not diminish as the mediation progresses. The practical effect in a mediation when one party is reluctant to divorce can be that the reluctant party expresses blame and fault against the other party continually or says things like “I didn’t want this, so why should I ha [...]

September 5, 2013 - It’s rare in my practice for both parties to be in the same frame of mind about getting a divorce. Most often, one person is more prepared for the process and the separation, and the other party may not even have come to terms with the concept that the marriage will come to an end. What can each of them do? When I used to litigate, you needed grounds for divorce, and if the person who wanted the divorce had no grounds and the other person was hesitant to divorce, [...]