Understanding Divorce Beyond the Legal Process Divorce is never just a legal event—it is a deeply personal, emotional, and relational transition that touches every member of a family. The path a couple chooses—whether mediation, collaborative law, or litigation—can shape not only the legal outcome but the emotional wellbeing of parents and children, the quality of
Having represented clients in court for forty-four years, I can offer a bit of insight. Concerning mediation compared to litigation, to be fair and balanced, all litigation is not nasty and contentious. The clients, along with their chosen lawyers, impacts the heat in the courtroom kitchen. However, much of litigation, by its nature, is divisive
“There must be a better way.” As litigation attorneys, after a day of battle in court with two sides slogging it out and going for blood, we sometimes mutter that to ourselves, as our client does, or scream it to the heavens. After years of seeing the unfortunate byproducts of litigation and its impact on
Divorce mediation can be a smoother, more peaceful alternative to litigation, but preparation is key to a productive and successful outcome. In this guide, we’ll provide a complete divorce mediation checklist, including what to bring, how to prepare emotionally, and tips for making the most of your mediation sessions. If you’re looking to settle
Settling on a custody arrangement for your child can be emotionally draining. You may be worried about losing control, spending months in court, or ending up with a decision that doesn’t reflect what’s best for your family. If you’re seeking alternative options, you may be wondering: what happens in mediation for child custody? Here, we’ll explain
Litigation….mediation…collaborative law. Three distinctively different styles of resolving a family Law matter. In litigation, or going to court as it is more commonly known, each party hires a lawyer and the parties battle it out. This can take years to resolve, and the parties will each incur substantial legal fees and likely end the process
Not all disputes and disagreements occur before a Divorce, Custody or Support Order, or other Family Court orders are entered or agreed to. Many people who have gone to court in the past to resolve their disagreement believe that they will never step back into a courtroom again. Simply put, that is unlikely. For a
You and your spouse definitely know you don’t want to go to court and litigate your divorce, custody, support or other Family court matters. You are seeking a peaceful and respectful process to end your marriage or discuss your custody mediation schedule. In fact, many parents find that child custody mediation offers an ideal framework
You are contemplating splitting up and you and your spouse don’t want a fight. You trust your spouse to be honest. You believe your spouse/partner is concerned with not only how he or she comes out of this marriage or relationship, but is also concerned about you and your future. You and your spouse/partner are
Navigating a child custody dispute as unmarried parents can be a difficult process. Many people make the mistake of failing to consider mediation and instead opt for formal litigation. Mediation allows both parents to reach a mutually agreeable child custody arrangement without incurring the financial cost and emotional stress of going to court. If you
A common question or statement by a potential participant in Collaborative cases is “I’m already in therapy, why do I need another Mental Health person in my life?” This is a good question with an easy answer. Most people whose marriages are ending, or have custody/support or other family law issues which need resolution, have
Arguably, child custody is the most emotionally difficult issue to resolve during a divorce or family law dispute. Unlike the formal litigation process, which is inherently adversarial, mediation offers parents a cooperative, non-confrontational approach to develop mutually agreeable solutions jointly. While mediation is less expensive and time-consuming than litigation, negotiating a favorable agreement still requires
The divorce process is inherently stressful and emotionally painful. This process is often made even worse when people begin contesting property division. If you desire an uncontested divorce, you should consider mediation for property division in a divorce. In this article, the experienced Philadelphia divorce mediators at Peaceful Separation and Divorce outline the property division
Five Important Considerations In Choosing Collaborative Law For many people, not litigating, or going to court, is more beneficial than going to court. Collaborative Law is an ideal method of resolving property division, child and spousal support issues and child custody mediation matters in a structured, cooperative environment. There are traditionally three methods of
How to Negotiate a Divorce Settlement with Your Spouse The divorce process by its very nature is stressful and emotionally painful. This stress can become particularly intense during a divorce negotiation. However, mediation can turn contentious divorce proceedings into a collaborative process which allows both spouses to peacefully negotiate a fair divorce settlement. These negotiations
Divorce can be an emotionally and financially exhausting process. Mediation is a non-confrontational process which allows both spouses to reach mutually agreeable solutions for the issues they face when ending a marriage. Additionally, mediation is a cost-effective alternative to the formal Pennsylvania divorce process. In the article, the Philadelphia divorce mediators at Peaceful Separation and
Is Mediation a Good Idea in Divorce: The Pros & Cons If you are considering a divorce, it is important to know there are alternative options to the traditional litigation process. Private mediation is an alternative collaborative divorce process which can benefit divorcing parties while also helping them to reach a fair outcome. Unless
Is Divorce Mediation Legally Binding Upon Completion? Divorce mediation is a cost-effective alternative dispute process in which the parties agree to negotiate the terms of a divorce in a non-confrontational matter. Instead of the formal divorce proceedings, which require litigation and multiple court appearances, the mediation process involves one or several mediation sessions wherein
Divorce mediation is a cost-effective method for couples to resolve their disputes as opposed to litigated divorce. As divorce mediation is a form of alternative dispute resolution, there is no one size fits all approach. Accordingly, several types of divorce mediation can help couples reach a mutually agreeable divorce settlement in Pennsylvania. The Philadelphia divorce
Divorce mediation is an alternative dispute resolution tool for individuals seeking a divorce in Pennsylvania. Unlike divorce litigation, divorce mediation is designed to be non-adversarial and controlled by both spouses. Specifically, divorce mediation allows both spouses to be guided toward a mutually agreeable divorce agreement via a neutral divorce mediator during a mediation session. The
10 Items to Include in a Child Custody Mediation Checklist Mediation is an alternative dispute process which allows two people to reach mutually agreed-upon solutions in a non-adversarial manner. It is less expensive than formal litigation and will give parents more control over the child custody mediation process and the outcome. Use this child
Mediation is an alternative dispute resolution process designed to allow people to reach mutually agreeable solutions. Further, it intended to allow people to resolve issues without judicial intervention in an efficient, non-adversarial manner. However, when the other parent exhibits narcissistic tendencies, the divorce process can become more challenging. Succeeding at custody mediation with a narcissist
What is Equitable Distribution? Equitable distribution is the legal doctrine Pennsylvania Courts use during the division of marital property, i.e., property acquired during the marriage, and marital debts during a divorce. Specifically, the equitable distribution process means marital property is “fairly” divided during a divorce. The value of non-marital property on the date of
Ideally, the divorce mediation process produces a settlement agreement. This agreement allows you and your spouse to proceed with your divorce amicably. This is because mediation creates a marital settlement agreement which memorializes all of the issues which must be resolved during a divorce, such as property division and child custody and support. The divorce
It is normal to view conflicts and arguments as natural issues in a healthy marriage. However, it is difficult to recognize when disputes turn a loving but unhappy marriage into a toxic and destructive relationship. Stated simply, the most challenging part of the divorce process is recognizing the signals of when a marriage should end.
Your Options for Divorce Ending a marriage is never a pleasant experience. While people often associate the divorce process as expensive and emotionally draining, there are many alternatives to traditional litigation. Depending on the facts of your case and your relationship with your spouse, you may want to consider alternative methods for obtaining a
How to Divorce Amicably Divorce can be difficult, but it does not have to be destructive. While many divorces devolve into heavily contested matters, an amicable divorce is one in which the spouses resolve their differences together. Stated simply, a peaceful divorce requires two spouses who are willing to resolve their differences without judicial
Reasons to Choose Mediation for Your Divorce Litigated divorce cases can be financially and mentally taxing. The litigious method of divorce can be a long, drawn out process and can devolve into contentious behaviors from both willing parties. Divorce mediation benefits couples by easing the stress of separating and has many other advantages compared to
While collaborative divorce and mediation have many similarities, they are fundamentally different processes. The main benefit of both processes is they are less expensive and less acrimonious than traditional divorces. Depending on the facts and circumstances of your divorce, you may want to utilize one of these processes. Collaborative Divorce vs Mediation A collaborative divorce
You might have heard divorce mediation takes much less time and money than litigation, and that is true. Divorce mediation also allows you and your spouse to determine how your family lives going forward, without a judge telling you what to do. But, understanding the full breadth of what to expect from divorce mediation is
20 Divorce Mediation Dos & Don’ts You have probably heard divorce mediation is less expensive and quicker than a litigated divorce, and this is true. Did you know divorce mediation also empowers you both to make decisions for your family going forward, rather than leaving those decisions up to a judge? That said, there
Thinking of divorce mediation? You have probably heard divorce mediation is a more collaborative, less expensive, and quicker way to divorce, and that is true! Online divorce mediation makes it even more so, with a few caveats you must be aware of for divorce mediation online to be effective for you. In this comprehensive article,
The Philadelphia divorce mediators at Peaceful Separation and Divorce address the question; how long does divorce mediation take? This article describes how long divorce mediation takes both in terms of number of sessions and session length as well as factors affecting the length. If you and your spouse are considering divorce mediation, call an experienced
Your Guide to Preparing for Divorce Mediation In this helpful guide, the Philadelphia divorce mediators at Peaceful Separation and Divorce explain the ten steps you and your spouse take to prepare for a divorce mediation process. 1. Mutually Agree to Mediation If you and your spouse wish to work together to resolve the issues
Divorce Mediation Defined & Explained You’ve probably heard divorce mediation is quicker and less expensive than litigating against your spouse in court. This is true, but what exactly is divorce mediation and is it right for you? In this comprehensive article, the divorce mediators at Peaceful Separation explain what divorce mediation is, the benefits of
Considering divorce mediation? You and your spouse have probably heard that coming to an agreement in divorce mediation is quicker and less expensive than litigation, but the benefits of mediation don’t end there. The divorce mediators at Peaceful Separation explain what a divorce mediation agreement is and the process of divorce mediation in this comprehensive
The Divorce Mediation Process Explained You and your spouse have heard about the benefits of divorce mediation vs. going to court and letting a judge decide what is best for your family, but how does divorce mediation work? This comprehensive article from the divorce mediators in Philadelphia at Peaceful Mediation explains the divorce process
While entering divorce mediation with your ex-spouse is generally less stressful than litigation, it’s not without its own hurdles. At the foremost, you both must understand that mediation is a collaborative process. To make your session proceed more smoothly, knowing some divorce mediation tips and tricks may help demystify and simplify the process. The divorce
If you are getting divorced or have a custody issue, you are already stressed out. Now you have to figure out how your divorce is going to proceed and you may want to better understand the differences between divorce mediation vs litigation. For couples able to put their differences aside, the divorce mediation process provides
You’ve heard divorce mediation costs less than traditional divorce litigation. This is true for the most part. But exactly how much does divorce mediation or a divorce mediator cost? The Philadelphia divorce mediators at Peaceful Separation and Divorce explain the cost of mediation, factors which may affect the price, possible external costs you may incur
Friends, welcome to the first of what we hope are many monthly newsletters for Peaceful Separation and Divorce, or “Peaceful”. We created Peaceful as a separate entity from the Schwartz, Fox and Saltzman, LLC law firm (“SFS”). While SFS is a full-service family law firm, Peaceful is the home for non-litigation resolution of conflict between
More and more common is the use of Pre-Nuptial Agreements. These are agreements, negotiated and signed before marriage, when parties have assets or debts they wish to address before their wedding. Often, a party (and often both parties) is coming into a marriage owning a business, a house, or having money in a retirement or
You are at a crossroads….you or your patient/client have decided that it makes sense to mediate your Family Law matter rather than litigate it. However, the question then becomes: How do I select the mediator. After all, selecting your Mediator is a big decision. This is the person who will guide you and your spouse
Many of you were in the midst of Court proceedings, whether in a Custody matter, a Divorce (division of property) or a Support/Alimony/APL matter. Then… BANG: Courts were closed and there is now no access to Justice. Not only are Court’s closed, but there is no real end in sight. Simply put, we just don’t
As the excitement of the wedding day approaches and the happy couple is attending to all of the details of the approaching happy day, nothing can put the brakes on that growing momentum like one party announcing: “Sweetheart, I think we need to talk about a Pre-Nup.” Certainly, the need for the Pre-Nuptial Agreement is
Now that Courts have reopened in Family Courts across Pennsylvania, each County is scheduling their cases as each County sees fit. Some counties Court appearances are substantially in person; some counties are substantially virtual. However, it is safe to say that all counties scheduling has been adversely affected by Covid. There is another way. We
In today’s society, with divorce being so prevalent, the need to consider the Pre-Marital or Pre-Nuptial Agreement is more and more relevant. The “psychological hurdle” I mention is the responsive comment, by an intended spouse, to the suggestion that the other party to the future marriage wishes to have a Pre-Marital Agreement drafted. What is
In keeping with other States, the Commonwealth of Pennsylvania, by the stroke of Governor Tom Wolf’s pen, signed into law the Pennsylvania Collaborative Law Act, on June 28, 2018. This action by the Governor served to recognize the validity of this alternative divorce process. Collaborative Law is an alternative to both a Mediation process and
There’s a New Sheriff in town, and that Sheriff is a hybrid. Traditionally, people contemplating Divorce had one choice: each side hires a Family Lawyer and they begin the arduous, expensive, exhausting and sometimes pointless process of litigating Custody, Support, Alimony, Division of Property, etc. in a courtroom setting. This can serve to increase hostility
Tools to Help Achieve and Maintain Neutrality By Lee A. Schwartz and Carolyn M. Zack As family lawyers, we practice the art of civil litigation as we would engage in battle. We burnish the armor of our client’s cause, shore up weak links with creative theories, root out weak-nesses in the opposition’s lines of defense
(From KYW Newsradio) — Philadelphia attorneys say calls from couples splitting up during the pandemic have surged, with a number of factors are contributing to the spike. “People who were contemplating divorce before COVID hit, and probably shouldn’t have lived together, but stayed together and that just compounded the unhappiness in that household,” said attorney
