marital property

Expert assistance-when it might be wise to seek the help of a CDFA or other financial professional in family mediation.

A financial expert can give spouses a nuanced and long-term view of how family finances might look post-divorce and what the net-effect of different choices might be. These different choices can have significant impact on parties’ future finances, and should not be overlooked in the mediation process. It may be well-worth the investment for couples in mediation to enlist the help of a neutral expert to help plan the financial aspects of divorce.

Prenuptial pain and how mediation or collaborative law can help.

The prenuptial agreement is a double-edged sword. Although a skillfully drafted agreement can protect parties, it can start off marriage on the wrong foot by generating resentment and hurt feelings. Mediation or collaborative law can transform a potentially destructive process into a positive one, by making the prenuptial agreement negotiation inclusive and mutual.

Trust Issues

Trust construction is highly discretionary, uncertain, and can result in different outcomes on all decision making levels.  Given the variability of judicial outcome when dealing with trusts, parties would be on safest ground by understanding that this area of the law is fraught with unpredictability and that settlement is their best bet...

Drop off the key, Lee

Why it's hard to force a soon-to-be ex-spouse to leave the marital home -- and why that spouse should leave anyway.

The sooner your spouse vacates and the parties are separated, the sooner you can start to establish a track record of child support or alimony payments.  Proof of support payments must be shown before the spouse who is staying in the home can refinance the mortgage in his or her own name and the paying spouse can buy their own home.