What I have sensed for a few years has now been corroborated by Gregg Herman, who chairs the American Bar Association Family Law Section. He says, “Divorce has become far less litigious in that more cases are settled than litigated.” The members of the American Academy of Matrimonial Lawyers have noticed the same phenomenon. In a poll last year, 58 percent of its members indicated that more of their divorce cases over the past five years were settled without trial. Only 12 percent said they were resolving fewer cases without trial. James Hennenhoefer, the president of the Academy, believes that there is a clear preference especially among middle-income clients to resolve cases with less contention, in part to cut down on costs.
Now I am not suggesting that nasty divorce cases don’t exist. They do. In my practice, custody/parenting issues still top the list of hotly disputed areas, followed by spousal support and division of retirement accounts. The general acceptance of shared parenting arrangements has helped lessen custody litigation. Nonetheless, the level of acrimony of the parties can drastically affect both the tone and contentiousness of the divorce proceedings.
The lawyers in our law firm have adopted the American Bar … Read More... “Putting Aside the Boxing Glove, An Emerging Trend in Divorce Litigation”
Transition to one’s “new” life after the divorce can be stressful and difficult for many people. The level of that stress often is dependant upon the issues surrounding the divorce as well as the level of acrimony afterwards. Maintaining friends and keeping a support group is important psychologically for most people to help them move forward after the divorce. But, as many divorced individuals will tell you, this transitional process can be awkward and painful. If mutual friends of yours have gone through a divorce, you too know that post divorce interaction with each person can be a challenge.
Judges are particularly annoyed by lawyers (and their clients) who:
As part of the divorce proceedings, your attorney will at some point be trying to determine what credit card debts are in each of your individual names as well as shared accounts and authorized user accounts. Often times, understandably, clients are not sure. The distinction in the type of account is important, as it not only affects future liability on the account but also future reporting to the bureaus.
I typically receive several phone calls this time of year asking me if I have a generic Emergency Medical Authorization Form that parents can complete since they are headed out of town without the kids. This panicked call usually comes less than 24 hours before the departure time! It is very important to leave the caregiver this type of emergency authorization to be sure any necessary medical treatment will be provided to your child timely and without lots of “red tape” in your absence. So, to avoid those calls, I have attached my Emergency Medical Authorization Form to this article. Download: