Tag Archives: dissolution of marriage

Mediating Rather than Litigating

The process of mediating rather than litigating is simple. Instead of running out and hiring a lawyer right away, one or both spouses run out and find a mediator. The cost savings are instant because… Continue reading

Posted in Assignment of debt, Attorney Fees and Other Costs, Child cusotd, Child custody, Child support, Distribution of property, Divorce / Dissolution of Marriage, Family Law, Mediation & Conflict Resolution, Time-share, Uncategorized | Tagged , , , , , , , , , | Leave a comment

The Myth of “Uncontested Divorce”

There is an alternative to this litigator roulette. If both spouses are willing to engage in mediation prior to filing for divorce and perhaps even before retaining a lawyer, they are entering into the most likely scenario of a low-cost and relatively uncontested divorce. They may even emerge on the other side of mediation deciding that they actually are not at that irreconcilable place… Continue reading

Posted in Attorney Fees and Other Costs, Child custody, Child support, Distribution of property, Divorce / Dissolution of Marriage, Divorce lawyer tactics, Family Law, Legal Separation, Mediation & Conflict Resolution, Relocation, Time-share, Uncategorized | Tagged , , , , , , , , , , , | 1 Comment

MEDIATION is not LITIGATION

Litigating is powering up to conquer…. Mediation is powering down to resolve conflict. Continue reading

Posted in Attorney Fees and Other Costs, Divorce lawyer tactics, Family Law, Life & Law, Mediation & Conflict Resolution, Uncategorized | Tagged , , , , , , | Leave a comment

MEDIATION is not COUNSELING

… when a couple experience success in resolving one conflict with help, a side-effect often is the ability to resolve another one without help. Relationships heading towards destruction often are redirected onto a new course through a single intervention in the conflict. Continue reading

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MEDIATION is not ARBITRATION

… At the end of the day, though, the outcome belongs to the parties that had the dispute, not a third-party. That increases a sense of ownership and satisfaction in the outcome. There are either two winners at the end or, at worst, the conflict simply has not been resolved yet. Mediators are guides, not deciders. Continue reading

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Litigation Disillusionment

Any family law practitioner who has handled at least a handful of divorces has encountered the situation where the actions of the person they represent confounds them. What often stymies the lawyer is that their client seems determined to spend … Continue reading

Posted in Divorce / Dissolution of Marriage, Divorce lawyer tactics, Legal Separation, Life & Law, Mediation & Conflict Resolution | Tagged , , , , , , , , | 2 Comments

Legal Separation v Divorce

One would be hard pressed to find an attorney in Kentucky who would bring up, much less advocate, the use of legal separation over that of a dissolution of marriage (divorce) in situations where… Continue reading

Posted in Child custody, Child support, Divorce / Dissolution of Marriage, Family Law, Legal Separation, Pleadings | Tagged , , , , , , , , , | Leave a comment

Passive Bullying

… refuse to respond to discovery requests or even comply with the orders of the court. All this while they take secret glee in seeing their almost-ex run up attorney bills. This is essentially passive bullying….. Continue reading

Posted in Discovery, Divorce / Dissolution of Marriage, Divorce lawyer tactics, Family Law | Tagged , , , , , , | Leave a comment

Reducing the Expense in Legal Separation or Divorce

For this service as scrivener, I am able to charge my lowest possible flat rate that includes a consultation and preparation of the documents… Continue reading

Posted in Attorney Fees and Other Costs, Child custody, Child support, Distribution of property, Divorce / Dissolution of Marriage, Divorce lawyer tactics, Family Law | Tagged , , , , , , , , , , | 1 Comment

The role of Guardian ad Litem taking shape:

Family Court Judges and Domestic Relations Commissioners have long used private, independent lawyers to facilitate resolving custodial and timeshare disputes in divorces. These lawyers are appointed by the judge as a Guardian ad Litem who is to, in some manner or another, look out for the children involved. The role of that Guardian ad Litem (or GAL) can be a confusing and ambiguous thing. However, the Supreme Court of Kentucky has issued… Continue reading

Posted in Child custody, child protection, Divorce / Dissolution of Marriage, Divorce lawyer tactics, Evidence, Family Law, Time-share | Tagged , , , , , , , , , , , | Leave a comment