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family law mediation Archives

Don't believe these 3 myths of mediation

When people get divorced, they often turn to divorced friends, family members and sometimes even co-workers seeking guidance and advice. However, as helpful as it might seem to talk to someone who has been through this difficult process, it could lead to some inaccurate information and misguided assumptions.

Calm during divorce is achievable

Going through a divorce is an incredibly difficult step, even if you only look at it from the perspective of accomplishing a legal procedure. Now add in the emotional and financial strings that are pulled throughout the process, and it is easy to understand why people say a divorce will be one of the most painful things you will go through in life. This doesn't mean that the step isn't worth taking. Far from it, actually. A divorce can be liberating and solve many of the problems you have in your life. But to achieve it, there are some tough times you have to make it through.

Two reasons to consider collaborative divorce

Collaborative divorce is a relatively new option for couples that are considering divorce. The process is different than the more traditional form of litigation in a number of ways. In some cases, the collaborative process can prove beneficial for both parties.

Mediating child custody can be a positive step

Imagine that a divorcing couple has a child, and as they enter discussions about their divorce, it is only a matter of time before child custody is a matter that is discussed. One way that child custody is often handled is through the courts. If the two parents can't agree on legal and/or physical custody, then a judge will need to make the ruling with a child's best interests in mind.

Ending an unfulfilling marriage

Divorce is often portrayed as a terrible thing that every couple should try to avoid. However, it is unrealistic to think that every marriage will work out. Some people get married to soon. Others live long happy lives together, but learn over time that they aren't right for each other. And some couples just grow apart or change significantly, to the point that staying together is no longer an option. Should these couples just ignore their feelings because of the perceived notion that divorce is "bad?"

Continuing the prenuptial agreement discussion, Pt. 2

In the last month, we have focused on prenuptial agreements and how they can impact a divorce. We want to finish that discussion today with a look at the provisions that can lead to a legal challenge against a prenuptial agreement leading to the contract being invalidated. This is a very important topic because many people may be under the impression that a prenuptial agreement can never be invalidated, or that the contract it is nearly impenetrable from a legal standpoint.
To the contrary, prenups can be challenged and they can be partially or wholly invalidated because of the provisions they contain. So what information or circumstances can lead to a successful challenge of a prenup? Consider the following:

Continuing the prenuptial agreement discussion

A couple of weeks ago, we wrote a post about prenuptial agreements and the term "premarital planning." In that post, we dispelled some of the myths about prenuptial agreements and how the preconceptions some people have about these contracts can actually prevent a couple from securing a vital legal component of their marriage.