Collaborative divorce is a cooperative team approach to divorce that is gaining followers among the growing number of people who are seeking a more compassionate, less divisive alternative to the traditional adversarial approach to divorce. Rather than opposing each other in a courtroom where a judge determines how property and financial assets will be divided, who gets custody of the children and how much time the children will spend with each parent; collaborative divorce occurs outside the courtroom and allows divorcing spouses to make their own more »
Are You and Your Spouse Good Candidates for Collaborative Divorce?
David R. Bach, Esq. : January 26, 2011 7:45 am : Family Law
“Bitter adversaries” is the presumed default setting for American divorce, yet many couples harbor no particular resentment toward each other when their marriage ends and would prefer to dissolve their union without rancor. Collaborative divorce offers couples the opportunity to end their marriage on their own terms and in their own way without adversarial litigation. While collaborative divorce is not the right choice for every couple contemplating divorce, it does offer separating couples a kinder, gentler alternative to traditional litigation and greater control over the dissolution of their marital, family and financial relationships. more »
Issues Concerning Children – Rockville MD Attorney
David R. Bach, Esq. : January 3, 2011 12:49 pm : Family LawResolving custody and visitation is the single most important issue in a or by a judge after trial. The overriding concern of the parents must be, and by a judge will be, what is in the child(ren)’s best interests. A parent must never evaluate their case by what is in their own best interests. Any attempt to do so will harm that parent’s case.
Custody
In a divorce “custody” is composed of two separate concepts. They are physical custody (i.e. where a child spends his/her overnights and legal custody (i.e. the authority to make decisions effecting a child’s welfare. There are 2 times during a litigated case when custody is at issue. There is the temporary (i.e. pendente lite- pron. “pen-den-tay lee-tay”) custody which is often granted relatively soon after a complaint for custody is filed with the court and served on the opposing party. Later in the case a merits (i.e. final) determination will be made by the court establishing custody from that time forward unless or until modified by agreement of the parties or further court order. more »
Before Separation or Confrontation
You must review a variety of documents with your attorney in order to evaluate your case, prepare yourself in advance of separation, prepare yourself to work toward a settlement, or prepare a suit for divorce. As a result, you must, at a minimum, obtain and retain the following documents in your possession:
- At least five years of state and federal income tax returns with all attachments. more »
Mental health issues may lead to divorce, or result from or be exacerbated by, separation and divorce. As with the other personal challenges described above, in order to work effectively with an attorney, manage one’s life, care for children, and prepare for settlement or trial, a person must be in the best mental health condition possible.
If a person was treating with a mental health professional in the past they should resume treatment as soon as possible and continue as recommended by the therapist. The mental health professional should evaluate the more »
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