Divorce

What is the Difference Between Mediation and Litigation?

What is the Difference Between Mediation and Litigation?

Divorce

When resolving a divorce or legal conflict, it is important to understand how mediation and litigation differ. Each process has its unique approach to handling disputes, and understanding these differences can help you feel more prepared to make the best decision for your situation. Mediation: An Amicable and Private Process Mediation is a private, amicable process guided by a neutral third party called a mediator. The mediator works with both sides to facilitate open discussions and find reasonable solutions. One key benefit of mediation is the cooperative nature of exchanging information. Instead of spending significant time and money hunting down records or documents, both parties typically share what’s needed more freely. The mediator’s role is to assist both parties equally, helping with tasks like gathering…

Understanding Post-Marital and Separation Agreements

Understanding Post-Marital and Separation Agreements

Divorce

If you’re considering changes in your marriage, it can be helpful to understand your legal options. Post-marital (or postnuptial) agreements and separation agreements are two options that can clarify your rights and responsibilities. Understanding the differences can help you decide which is right for your situation. What Is a Post-Marital Agreement? A post-marital agreement is similar to a prenuptial agreement but is made after the wedding. This could be weeks, months, or even years after the date of marriage.  The agreement outlines how financial matters, and property will be handled in the event of a divorce or death. With this agreement, you remain married, but it can specify details like: While post-marital agreements are generally upheld, they might not hold up in court if they…

Why Is January the Start of Divorce Season?

Why Is January the Start of Divorce Season?

Divorce

January is often considered the unofficial start of divorce season, and there’s a good reason for it. After months of holiday gatherings, family events, and the stress of the season, many people feel that it is time to make significant changes in their lives come January. If you’ve been unhappy in your marriage, waiting until after the holidays to start the divorce process can offer a sense of relief. With a new year comes new possibilities, and many see it as the right time to begin the next chapter of their lives. The Holidays are Over For many, the holiday season is a time for family gatherings and celebrations. Even in difficult relationships, people often choose to delay decisions like divorce to preserve the peace…

Trust Issues and Divorce

How to Deal with Trust Issues During the Divorce Process

Divorce

During a divorce, trust can be hard to rebuild, especially if dishonesty has been involved. It’s normal to feel uncertain about what to believe or how to proceed. Taking practical steps and focusing on clear actions, can help you move past these feelings and start to feel more secure again. Start by Collecting Information Knowledge is key when dealing with trust concerns. If you’ve been involved in managing your family’s finances, you may already have a good sense of the overall picture. If not, begin by gathering important documents like bank statements, tax returns, investment records, and credit card bills. Your attorney can help you review these materials and identify any gaps or areas that need further clarification. This process can give you confidence in…

postnup

What is a Postnuptial Agreement

Divorce

A postnuptial agreement, or postnup, is a legal contract between you and your spouse that is entered into after your marriage. If you’re considering one, understanding how it works and why couples choose it, can help you make an informed decision. Why Consider a Postnuptial Agreement? There are a few common reasons why you might choose to draft a postnuptial agreement: What Does a Postnuptial Agreement Cover? A postnuptial agreement can be as detailed or as simple as you choose. However, it typically covers the following: However, it is important to note that a postnuptial agreement cannot cover child custody or child support, just like a prenuptial agreement cannot determine child custody or support. How to Get Started with a Postnuptial Agreement If you and…

High-Conflict Divorce

What Does a Parenting Coordinator Do in a High-Conflict Divorce?

Divorce

In a high-conflict divorce, emotions run high which can make co-parenting extremely difficult. You might feel that you are constantly arguing with your ex-spouse over decisions related to your children with little room for compromise. In situations like this, a parenting coordinator helps you manage disputes and make decisions that benefit your children’s well-being. What is a Parenting Coordinator? A parenting coordinator is a neutral third party who steps in to help you and your ex to resolve parenting conflicts. Their main job is to guide both of you toward agreements on important matters, whether it is about medical decisions, extracurricular activities, or scheduling issues. If you cannot reach a consensus, the parenting coordinator has the authority, with prior approval, to make decisions for you….

Do I Need a Lawyer for Mediation?

Do I Need a Lawyer for Mediation?

Divorce

Mediation is designed to be a less adversarial process than going to court in a divorce, and many people wonder if involving a lawyer is necessary. While it’s not required, having legal guidance will benefit you during the process. Why You Should Consider a Lawyer Although mediation encourages you to reach a mutual agreement, your lawyer can make sure that you have a full understanding of your legal rights. A mediator is neutral and can explain the law, but they cannot give you specific legal advice. Without legal advice, you may agree to something that doesn’t serve your best interests or leaves you unprotected in the future. A lawyer can help you: Should Your Lawyer Attend the Mediation? It’s not mandatory for your lawyer to…

Do's and don'ts

Do’s and Don’ts on Communicating with Your Mediator

Divorce

Mediation is a great way to settle family disputes, but how you communicate with your mediator plays a big role in the process. Here are some simple do’s and don’ts to help you to work through your mediation successfully. Do’s: Effective Ways to Communicate Don’ts: What to Avoid Conclusion Effective communication with your mediator is one of the keys to a successful Mediation process. By following these guidelines, you help to reach an agreement that is in the best interest of you, your spouse and your family.  By keeping your communication professional, focused, and timely, you can ensure that the mediation process will be as smooth and constructive as possible. Contact Family Ally At Family Ally, we’re dedicated to helping families navigate disputes with expert…

How to talk to your kids

How to Talk to Your Kids About Divorce

Divorce

One of the toughest things that you will have to do in your divorce is to tell your kids. Talking to them about the changes that are coming can be overwhelming, but with the right approach, you can help them understand and adjust more easily. Here’s how to approach this sensitive conversation with care and clarity. Tailor the Conversation to Their Age The way you discuss your divorce with your children should depend on their age and emotional maturity. Younger kids, for instance, may only need to know that they will be loved and cared for, even as the family dynamics change. For them, simple explanations like “We’re going to be living in different houses, but we both love you very much” are often sufficient….

Using Social Media during divorce

Recommendations About Using Social Media During Your Divorce

Divorce

One of the best things you can do for yourself while going through a divorce is to minimize your social media activity. Anything you post online can potentially be used as evidence in your divorce case. Photos of expensive dinners, vacations, or new purchases might raise questions about your financial situation, which could impact alimony or child support negotiations. Even seemingly innocent posts can be misinterpreted, so it’s best to stay off social media as much as possible. Divorce brings a lot of emotional stress, and social media can make things even more complicated if you’re not careful. Here are some additional tips for managing your online activity while going through the divorce process. Avoid Discussing Your Divorce Never post about your divorce on social…