Falmouth Mediation

06/11/2024

Thanks to advances in medical care and other societal improvements, people in the United States are living longer than ever before in the nation’s history. In addition to longer lives, more Americans are also healthier and more active as they grow older. Therefore, more people in their Golden Years are marrying and divorcing than previously occurred. With these trends in mind, a fair and important question is does a senior citizen heading to the altar need a prenuptial agreement?

In this excellent blog posting, Peter Van Aulen writes that when contemplating the need of a prenuptial agreement when a senior citizen is heading to the alter necessitates a consideration of a number of specific points:

* Financial status of each person
* Offspring from a prior marriage
* State objectives of each individual
* Age of each person

06/04/2024

If you’re married and contemplating divorce or are having issues in your marriage, you may have questions about the key differences between a healthy and an unhealthy relationship. In this excellent article, Peter Van Aulen offers a set of five markers that can assist you in ascertaining whether or not you are in a healthy or an unhealthy relationship:

* Open communication
* Mutual respect
* Mutual trust
* Mutual support
* Sexual relationship

Call (201) 845-7400 - NJ divorce attorney at the Law Offices of Peter Van Aulen has provided aggressive and passionate representation to clients in divorce and family law cases for over twenty-two years. Hudson County, New Jersey Family Law Lawyer :: Key Differences Between a Healthy and an Unhealth...

05/14/2024

How Can I Co-Parent when I Don’t Trust My Ex-Spouse? Part II

In Part I of this excellent article Rachel Alexander examines the complex situation of shared custody with an ex-spouse you don’t trust. Here, in Part II, she proposes methods of managing the situation.

05/07/2024

Co-parenting without mutual trust is tough, but not uncommon. Distrust of the other parent for our purposes is when one parent questions the other parent’s capacity to put the child’s best interest ahead of his/her own, to the extent that the safety of the child may be compromised. This often arises when one parent is:

* struggling with issues of substance abuse;
* in personal crisis, making questionable choices that seem to undermine even their own self-interests;
* taking unnecessary risks;
* spending time with inappropriate people and/or introducing the child to various people prematurely;
* living in an unsafe environment (for example, keeping improperly secured guns);
* confiding in the child as a peer, relying on the child for emotional support, manipulating the child with a sense that the parent can’t care for himself, is lonely, etc.

Dubious behavior encompasses a wide range.

While I favor a diplomatic approach in almost all things, if you have true concerns that your child is in danger from the other spouse, take whatever action is needed to keep the child safe. Inform the professionals you are working with about your concerns immediately.

That said, taking action need not mean taking bellicose action! Wherever possible, we first want to take the minimally intrusive action that will be maximally effective. Think dismantling a bomb rather than waging war.

Often the situation is more nuanced than one parent driving drunk with the child in tow. One parent may be exposing the child to his/her own emotional crisis or social explorations, parental behaviors that do not endanger the child physically, but can nevertheless complicate and inhibit the child’s optimal development and sense of security.

The latter is the purpose of this excellent article by Rachel Alexander — how to address the more subtle, the concerns that raise red flags but may not rise to the level of necessitating — or accessing — judicial intervention.

{4 minutes to read} Co-parenting without mutual trust is tough, but not uncommon. Distrust of the other parent for our...

04/30/2024

Divorce can be an emotionally challenging and contentious process. However, an increasing number of couples are turning to mediation as an alternative to traditional litigation, seeking a more amicable and peaceful resolution. Mediation offers a collaborative approach, allowing couples to work together with a neutral mediator to reach mutually agreeable solutions. This excellent article explores the effectiveness of mediation in achieving amicable divorces and sheds light on the impressive 80% success rate. If you're considering divorce or looking for ways to facilitate a peaceful separation, understanding the benefits of mediation is crucial.

Is Mediation the Key to Amicable Divorce Discover the 80 Success Rate

04/23/2024

Getting a divorce is a stressful ordeal, whether you're divorcing a total nightmare or a decent person. Everyone, and I mean everyone, will give you legal advice, from your Aunt Edna to the random dude on the subway.

Most people mean well: your loved ones want to see you happy and taken care of, and strangers most likely don't want to see you make the same mistakes they made. Still, the only person that can really give you honest legal advice is a lawyer or mediator. But you can learn from others who have divorced and learned hard or small lessons in the process.

In this excellent article, Laura Lifsh*tz offers a few things she would have done differently if she could go through the divorce process again. Perhaps her words may end up helping you if you're taking the journey toward severing your marriage.

1. I would have moved faster
2. I would have paid for legal help rather than asking family
3. I wouldn't have worried about being nice all the time
4. I would have dropped fussing over the little things
5. I would have written everything on paper
6. I would have had both my ex and myself set more specific parameters from the start
7. I would have worried less about what my ex was doing
8. I would have said less about the divorce while at work
9. I would have told myself to not be so damn scared

This is what I wish I had known about divorce when I went through my own.

04/16/2024

When the journey of marriage ends, and the divorce process begins, your finances will change. Here are some considerations to help lessen the impact.

Divorce is an unfortunate reality for many of us, which can take an emotional and financial toll, especially when lawyers and court dates become the way forward. If you can work together upfront to understand what each partner is asking for and identify any gaps that may exist, the easier — and less costly — the resolution may be.

This excellent blog posting offers some things to think about as you begin your divorce process:

1. Prioritize logic and facts over emotions
2. Reframe
It’s not a competition
Focus on resolution
Keep the peace
3. Work with your spouse
4. Prioritize, then compromise
5. Take the pen where possible
6. Mediation over litigation
7. Tax implications

A wedding may cost a fortune. Divorce might cost even more. Explore smart ways to separate that may save you money in the long run.

04/09/2024

Rebuilding your life after a divorce is undeniably challenging and healing after divorce can take time.

Deconstructing large parts of your life and rebuilding them again is certainly emotionally draining, not to mention overwhelming.

However, within the inevitable change lies valuable perspective and an opportunity for healing that can help fuel a new and fulfilling life after divorce.

This excellent blog posting offers seven tips to help you heal after a divorce.

Allow yourself to grieve

Practice self-awareness

Take control

Self-love

Embracing patience

Be careful who you listen to

A fresh outlook

Tips for healing after divorce. Find out more news here.

04/02/2024

Parties involved in litigation should always keep an open mind about mediation at every stage of litigation. Cases that resolve without having to go through a trial or arbitration can potentially save the parties a lot of time and money in litigation. This excellent article touches on five items parties need to understand about mediation.

1. Mediation is non-binding.
2. Mediation takes place with a private mediator, usually not the court.
3. Negotiations during the mediation are privileged and cannot be used against either party during litigation.
4. The mediator’s only role is to get the case settled.
5. Even if the case does not settle at mediation, it could still be a successful mediation.

Parties involved in litigation should always keep an open mind about mediation at every stage of litigation.  Cases that resolve without having to go

03/26/2024

Divorce can be an emotionally and financially draining process. One aspect that often adds to the stress of divorce is property division. It can be difficult for couples to decide how to divide their assets and debts, especially if they have substantial marital property.

Understanding property division in divorce is of paramount importance as it lays the foundation for a fair and equitable distribution of assets and liabilities between spouses in the emotionally charged process of divorce.

A clear grasp of property division laws and principles helps individuals navigate the complexities of splitting marital property, financial accounts, real estate, and other valuable assets.

This excellent blog posting explores the basics of property division in divorce cases and the significance of a fair distribution of assets. It also discuss the different types of property, the principles of equitable distribution, and the importance of precise asset valuation.

Navigate divorce property division like a pro. Expert guide to understanding and safeguarding your assets during divorce.

03/19/2024

Divorce is a challenging and emotionally draining process, and one of the most complex aspects of it is separating finances. It requires careful planning and open communication to ensure a fair and equitable division of assets and debts. In this excellent article in the Investor Times, they discuss some essential steps to help you navigate through the process of separating finances in a divorce.

How to Separate Finances in Divorce Divorce is a challenging and emotionally draining process, and one of the most complex aspects of it is separating finances. It requires careful planning and open communication to ensure a fair and equitable division of assets and debts. In this article, we will d...

03/12/2024

It can feel overwhelming going through a divorce when you have children. There are so many things to consider that it can be tough to know where to start.

If you have children under age 18 and are getting divorced in Massachusetts, you will need a parenting plan. You can think of a parenting plan like a roadmap: it should lay out where your children will live and how you and the other parent are going to make major child-related decisions. A parenting plan can also include important details unique to your family situation, such as special holidays that you celebrate and any safeguards that should be put in place to protect your children.

During the divorce proceedings, you and the other parent can either agree on a temporary parenting plan or you can ask the court to order one. A temporary parenting plan ends when a final parenting plan is established in your divorce case. A final parenting plan is intended to last until your child turns age 18. Depending on how old your children are, you may have to live with the final parenting plan for many years.

Parents sometimes assume that a final parenting plan can be easily changed later as your children get older, but this is not necessarily the case. Absent agreement or a few special exceptions, there is a strong presumption under the law that it is in children’s best interest not to change (‘modify’) final parenting plans. With that in mind, it is important to think through issues that may come up in the future before finalizing the final parenting plan. This excellent article offers a few to consider

It can feel overwhelming going through a divorce when you have children. There are so many things to consider that it can be tough to know where to...