Spousal support is usually based on one of two things. First, if your spouse “needs” support in order to maintain a similar lifestyle as they enjoyed during your marriage and second, if your spouse is entitled to support to “compensate” them for playing a role in the marriage which caused them to be less qualified to earn an income.
If your spouse remarries, then if their support is based on “need” there will be a greater effect on your required support payments then if it is based on “compensation”. This is... MORE »
Most Recent FAQs
Collaborative Divorce is about cooperating to solve your problems instead of fighting about it. The idea behind the collaborative process is to look at both parties’ goals and interests and try to address those to come up with a solution that can then be brought into compliance with the law rather than for both parties to hire lawyers and begin arguing about exactly what each party is entitled to.
This can be a great solution for parties who are able to focus on finding a solution rather than enforcing their rights.... MORE »
Collaborative Divorce is unique in that you, your spouse and both of your collaborative lawyers must sign a contract agreeing that you will not go to court. If at a later point in time one of the parties decides that they do want to go to court then the lawyers will remain bound by that agreement and will not be able to continue to act for their clients.
This requirement adds an extra layer of incentive for the lawyers involved to work towards settlement rather than escalating conflict because they know... MORE »
Collaborative Divorce uses the same system of financial disclosure as a regular divorce. Documents are drafted just as thoroughly and carefully in a Collaborative Divorce as in any regular settlement or family matter. Collaborative lawyers will still let you know what the law says about your property and support issues.
The difference is that Collaborative lawyers will encourage you to focus on finding a solution that feels fair to you and your spouse, rather than a solution which a politician or judge thinks is fair. In this way parties are often... MORE »
Separation agreements are usually the best way to try to settle issues resulting from the breakdown of the matrimonial relationship. If you refuse to engage in the negotiation of a settlement agreement you will almost always end up in front of a court. Court proceedings are much more expensive then working to negotiate a settlement agreement and can also take much longer to resolve themselves.
If you have children, negotiating a separation agreement can help to bring stability to their lives at a time when they need it most. Fighting a... MORE »