What Is a Collaborative Divorce?

A collaborative divorce is a process that some divorcing couples use to work through a divorce without going to court. Collaborative divorce saves money for both parties because the expense of going to court is avoided.

There are other benefits, including saving time, reducing stress for both parties, and fostering an environment where both parties can discuss their goals. It is helpful to learn from professionals who have experienced and helped to resolve disputes with many other couples.

Collaborative divorce works well for couples who agree on some important issues but need help from good child custody lawyers or other professionals in resolving other aspects of the settlement like child custody and/or support or division of property. Both parties must be willing to participate in the collaborate divorce process, or it is likely to fail.

Here’s how it works:

•    You and your spouse each hires your own divorce lawyer. A good divorce lawyer will understand how mediation and negotiation are important to the collaborative divorce process.

•    You meet privately with your own attorney to discuss your goals in the divorce process. Provide your child support lawyer with the parameters that you will accept; for instance, the “ideal” dollar figure you desire for child support and also the lowest figure you can possibly accept. The more informed your divorce attorney is in all matters of property division, child custody and support, the more effective he or she can be in negotiating on your behalf.

•    When you and your lawyer are prepared, you will meet with your spouse and the spouse’s attorney. This meeting will be held in a less-formal setting than a courtroom, such as a conference room. You will likely meet a number of times during the course of the process.

•    Other professionals (examples: an accountant or child custody expert) may be included in these meetings to help resolve particular issues. Although you and your spouse will be paying the fees of these professionals, they are expected to perform in a neutral way that does not bias the outcome.

•    If the process becomes stalled, the attorneys may bring-in a licensed mediator to move it along. A mediator is very experienced in divorce cases, and may be a former judge, a specially trained attorney, or another professional trained in mediation. The mediator works toward reaching an agreement that both sides can accept, and he or she does not favor one party over the other.

•    When you have reached an agreement on all issues, you will be able to file an uncontested divorce. Your attorney will guide you through the simple steps.

If both parties and their attorneys negotiate in good faith, a collaborative divorce is achieved, and time and money can be saved as compared to going to trial. Usually, your attorneys will also negotiate a process for settling any disputes after the divorce is final.

Contact Perna & Abracht for a complimentary consultation if you have more questions about collaborative divorce. We have decades of experience handling divorce cases of all types.

This blog was originally posted on https://www.pa4law.com/what-is-a-collaborative-divorce/

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Can You Afford the Cost of Divorce? What to Expect

Most divorces are a complex process that require legal filings, the services of professionals, and sometimes, a trial. All of these factors contribute to the cost of divorce.

There is no “cookie cutter” price tag on divorce, as each one is as unique as the individual parties filing for divorce. However, the national average cost for a divorce is approximately $15,000 a person. This cost includes legal fees (even for an affordable divorce attorney), court costs, and fees for other professionals to consult on taxes or child custody, or to appraise real estate.

Because much of the cost is due to fees, the time it takes to complete the divorce will affect the final cost. The average divorce takes four to 11 months, but if you go to trial, it will take longer, and the costs will be higher.

A deeper dive

There are specific factors that will impact the cost of divorce. These include:

1.    Whether the divorce is contested or uncontested

2.    The fee arrangement with your divorce attorney

3.    The state and location in which you file for divorce

4.    Your child custody and child support arrangement

5.    Whether either party seeks alimony

6.    Whether the parties would agree to mediation

To put it simply, the more issues that you and your spouse can agree upon, the less time it will take to complete the divorce, and the less expensive it will be. Even when the divorce is “amicable” (and few are truly so), there will be costs to both parties.

An uncontested divorce will cost less than a contested divorce because fewer professionals and experts are needed to be called-in to settle any disagreements in valuation or dollar amounts. To file an uncontested divorce, you ultimately will need to be in agreement with your spouse on all major issues. When an uncontested divorce decree is final (usually after a mandatory waiting period), there is no “wiggle room” to go back and renegotiate the agreement.

It’s unusual for any couple with marital assets to be in complete agreement on the value of the property or how it should be fairly divided. A good spousal support attorney will bring in any appraisers or other professionals as needed, and then negotiate a settlement. If you or your spouse are business owners or have extensive investment properties or holdings, this process will be more complex and take longer.

Mediation

A mediation of divorce may save money, but there are still costs, and it is important not to mediate unless certain parameters are met. Even if mediation is used, each party should have the agreement reached at mediation by a good and experienced divorce attorney. Mediation is when you and your spouse agree to use the services of a professional mediator, who is a neutral third party.

You might choose to have a collaborative divorce, which is when the two parties each hire an attorney, and everyone meets to negotiate the parts of your divorce that are contested. Even with an affordable lawyer, the costs will include legal fees, but you will save the cost of going to trial.

Thinking about divorce but wondering whether you can afford it? Contact the team at Perna & Abracht who will be happy to provide answers to your questions in an initial complimentary consultation.

This blog was originally posted on https://www.pa4law.com/can-you-afford-the-cost-of-divorce-what-to-expect/

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What to Know Before You File for Divorce

A divorce is a complex legal proceeding, sometimes taking years to complete. There are actions you can take that are likely to assist a divorce lawyer in achieving your best possible outcome:

Minimize Emotion

This likely is a difficult time for you emotionally, yet your best decisions and plans are not made when you are feeling emotional. Rationally analyze your decision to pursue the divorce. Is this what you truly want? Have you tried every possible avenue to achieve a reconciliation? Ask yourself these questions at a time when you are feeling calm and in control of your emotions.

Your Rapport with Your Divorce Attorney

Because divorce is complex and may take longer than you expected to complete, you should select an attorney with whom you feel a strong rapport. There is no substitute for the years of experience with divorce and custody cases that your law firm can bring to the table.

Documentation

As your divorce progresses, you will realize the importance of financial and other documents. However, you should be gathering all the documents before you file for divorce. It’s advisable to make copies of bank and investment account statements, phone records, credit card statements, mortgages, and car loans and bring them when you meet with your divorce attorney. After you have filed for divorce, it might be difficult to gather all the documents that will impact your marital settlement.

Child Custody

For many families, child custody is the most emotional issue in a divorce. It’s likely you will share custody of minor children. To assist you in achieving a custody arrangement that is agreeable to you, review your work schedule and your children’s schedule, and other commitments you have, and define a custody schedule that will work for you. This provides your child custody lawyer with a concrete goal to work toward.

Buying or Selling

Once you have filed for divorce, the judge will prohibit you and your spouse from buying, selling or disposing of marital property. Let’s say you need a new car or have been planning to sell a rental property. It’s best to do this now before your file for divorce.

Your Living Situation

It’s important to define your desired living situation during and after the divorce. Then discuss this with your child support lawyer who will advise you about how to behave in order to achieve your goals. For instance, moving out of your home, even on a temporary basis, prior to your divorce may have an impact on when or if you will be able to return to your residence.

Joint Accounts

Talk to your attorney about joint bank accounts and credit cards. He or she will advise you about the best way to handle these accounts. The concern is that a joint account can be drained or burdened with inflated spending once your spouse becomes aware of your intent to divorce.

No Time for Romance

Prior to and during a divorce, it is not a good idea to start a new romantic relationship. Keep your focus on your home life and making sure your children are secure and well-cared-for. A romance is a distraction that could also compromise your position in the eyes of the court.

If you have are contemplating divorce, you need experienced lawyers who have handled these cases before such as the team at Perna & Abracht. If you have a specific question about your situation, and want an answer without any obligation, you can ask the attorneys at Perna & Abracht here.

This blog was originally posted on  https://www.pa4law.com/what-to-know-before-you-file-for-divorce/

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5 Things You Can Do to Help Your Divorce Custody Case

Divorce is not easy, and sometimes emotions exaggerate the challenges. If you are considering a divorce, try to keep as calm as you can, and use common sense to take these actions that may help your good divorce lawyer achieve a better outcome for your case:

1.    It Starts at Home

Divorce can be very distracting, even from your most important job which is being an attentive parent. Your children need a safe and stable home environment, and to feel you are attending to their needs. Make sure to maintain the children’s usual activities and be the same parent who always took an interest in these activities. Stay in touch with their teachers, and if it seems needed, obtain counseling for the children. Stay in the home with the children; in certain cases, if you were to move-out and leave them with your spouse, a judge could interpret that unfavorably for you in the child custody arrangement.

2.    Daily Record

Your child custody lawyer needs you to keep a diary of all your activities with your children. Record the time you spend with them, and also record the time they spend with the other parent. You should record anything that will affect the children, such as arguments or ridiculing comments made in front of the children. Record when the spouse is expected to pick-up the children, and when the spouse actually does pick-up the children – and the same on their return to you.

3.    Documentation

It’s important to document the activities and events you record. This could include school records or witnesses who can verify when a child is picked-up from school or activities, or someone who could testify about parenting behavior. Of course, police reports are needed if anything escalates to that level.

Make sure you strictly abide by any pick-up/drop-off agreements and behave as an exemplary parent, as your spouse may be keeping a diary as well.

You will need to make copies of documents pertaining to finances, including pay stubs, records of any loans, credit card statements, bank records, and retirement savings records. Your child support lawyer will need these to help protect you financially. Your attorney will want to see all the documentation you have collected and will guide you on any further documentation needed for your case. To facilitate confidential communication with your attorney, it may be helpful to get a cell phone of your own (not on your family’s plan) and establish an email account that your spouse cannot access.

4.    Reduce Use of Social Media

Social media is an area where it’s easy to make a mistake that can negatively affect your divorce or custody case. It is best to curtail your use of social media during this time. Do not ever use social media to mention your divorce or custody case, or to criticize your spouse in any way. Think about how your social media posts reflect you as a parent. In general, the less said on social media the better while you are going through divorce or child custody litigation,

5.    Contact Perna & Abracht

If you have are thinking of divorce and have children, you need divorce attorneys who have handled these cases before, such as our team at Perna & Abracht. If you have just started considering divorce, we can guide you through steps to take when considering divorce and through this difficult time.

This blog was originally posted on https://www.pa4law.com/5-things-you-can-do-to-help-your-divorce-custody-case/

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