Navigating the complexities of family law can be a daunting task. Whether dealing with divorce, custody disputes, or other familial issues, the traditional courtroom setting often adds stress and conflict to an already challenging situation. Mediation offers a more amicable and efficient alternative, allowing parties to resolve their differences outside of the courtroom. Here, we explore the role of mediation in family law, its benefits, and the process involved.

What is Mediation?

Mediation is a voluntary, confidential process where a neutral third party, known as a mediator, facilitates communication and negotiation between disputing parties. Unlike a judge, the mediator does not make decisions but helps the parties reach a mutually acceptable agreement. Mediation is particularly effective in family law cases, where emotions and personal relationships play a significant role.

Benefits of Mediation

1. Cost-Effective: Mediation is generally less expensive than litigation. By avoiding...

In divorce cases involving one or more self-employed parties, division of assets can be complicated, and the assets must be fully analyzed in conjunction with the “double dip” theory.  You might be asking yourself, what is the double dip theory?  The double dip is a concept that arises when the same funds are counted as both income for spousal support but also included in the valuation of an asset to be divided between the parties.  This concept has garnered increased attention in recent years, and really stresses the importance of correctly identifying funds as either an asset or income or both.  For example, if a party who owns a service business and the business grosses $300,000.00 per year is the business income an asset of the marriage to be divided, or income that is calculated in spousal support numbers, or both?

The answer to this question depends greatly on the state where the divorcing parties are getting divorced.  New Jersey,...

Divorce is a challenging journey, marked by emotional highs and lows, legal complexities, and financial considerations. In recent years, joint divorce, also known as collaborative divorce or amicable divorce, has gained popularity as a more cooperative and less adversarial approach to ending a marriage. Let's delve into what joint divorce entails and why it might be a beneficial option for couples seeking to part ways amicably.

What is Joint Divorce?

Joint divorce is a process where both spouses work together, often with the assistance of at least one attorney. Unlike traditional litigated divorces, which can be contentious and result in decisions imposed by a judge, joint divorce encourages open communication and compromise between the parties involved.

Key Elements of Joint Divorce:

1. Collaborative Approach: Instead of viewing each other as adversaries, couples in joint divorce approach the process as a collaborative effort to find fair solutions for both parties and their...

Estate planning is a crucial aspect of financial and personal security that often gets overlooked or postponed. However, taking the time to plan and organize your estate can provide peace of mind for you and your loved ones. In this blog post, we'll discuss the essentials of estate planning and why it's important to start the process sooner rather than later.

1. Understanding Estate Planning: Estate planning involves making decisions about how your assets will be managed, distributed, and protected both during your lifetime and after your passing. It encompasses a range of legal documents and strategies tailored to your unique circumstances and goals.
2. Key Components of an Estate Plan:
• Will: A will outlines your wishes regarding asset distribution, guardianship of minor children, and the appointment of an executor to carry out your wishes.
• Trusts: Trusts can be set up to manage assets, provide for specific beneficiaries, and minimize estate taxes.
• Powers of Attorney: These documents...

Divorce and Financial Survival

No one gets married with the expectation of getting divorced someday. Regrettably, though, divorce rates are expected to continue climbing. Divorce affects all areas of your life, including your financial health, and can result in significant challenges.

If you're struggling through a divorce, there are several things you can do to minimize the negative effects on your finances.

Consider these options to help you financially survive a divorce:

1. Come to an agreement on how to divide your assets. A particularly difficult thing in any divorce is the decision of who gets what. You and your spouse both may have an economic and emotional investment in almost everything, from the house to the art collection you acquired together.

• It really is beneficial to avoid having the lawyers get involved in the process. Once the legal system is formally involved, the process is much more expensive and financially and emotionally draining.

2. Try mediation....

Many people believe that bankruptcy ruins your life and should never be considered. But bankruptcy can be a reasonable solution for some and can offer a fresh start.  It does create challenges, but those considering bankruptcy already have challenges.

Your financial situation will only get worse for the foreseeable future. Your debt is increasing every month and you have no way of increasing your income.  Bankruptcy is worth consideration under these conditions. Check off the situations that apply to you:

• You’re insolvent. Your assets and income are no match for your debts.
• You’re forced to use credit to buy food. If you can’t meet your basic needs without resorting to credit, your financial situation is likely to only get worse.
• You’ve sought professional help without any viable solutions. Credit counseling can help to determine if you’re a good candidate for bankruptcy. It can be challenging to find a trustworthy credit counselor, so do you...