Friday, January 11, 2013

Bethany Frankel's "Real" Divorce

Bethany Frankel of  "Skinny Girl" and "Real Housewives" fame is getting divorced.  What struck me about her interview Wednesday on Ellen was her real and raw emotion.  She related feeling like a failure and being afraid of an uncertain future.  These are statements that I frequently hear from people contemplating or going through a divorce. Having the resources to get financial questions answered and to support you through the emotion of such a dramatic life change does help.  

Thursday, January 10, 2013

Big things in Family Law in 2013

"Wouldn't we all be prouder if family law disputes were resolved by the parties involved and not by lawyers and judges who had never known the family when they got along? Alternative Dispute Resolution (ADR) has played an increasing role in family law. Be it mediation, arbitration, late case evaluation or collaborative law, there are many more options in 2013 than there were in 2003 or in 1993. Let's take advantage of these resources, and lets all, lawyers, judges, mediators, expert witnesses, psychologists and parties, pledge to work amicably. Court decided resolution is never as good as a result agreed to by the people involved."

Randy Kessler who was the Chair, Family Law Section of the American Bar Association (2011-2012) wrote this just the other day. Now that's something big for a career family law litigator to endorse resolution outside of court. Since January is a time of change for many families I thought I would re-post some FAQS about Collaborative.  


How long will my case take?
§  The majority of Collaborative cases are completed in eight months or less. 

How much will it cost?
§  If the Collaborative process is broken down by profession, the average cost in Bucks County for the lawyers is approximately $10,500, the average cost for the financial professional is approximately $2,500, and the average cost for the mental health professional is approximately $2,000.  This is a total cost (not cost per person) of  $15,000.  The average cost of a litigated divorce is double this amount.  The cost is determined on a case by case basis because some cases do not require use of all of these professionals.  Not surprisingly, cases involving children usually cost more than cases without children involved. 

How many meetings will I need to attend?
§  Almost all Collaborative cases involve two or three face-to-face meetings between both clients and the necessary professionals, but it is more common for cases to involve six or seven of these meetings.  On average these meetings usually last between two and three hours. 

How likely is it that my case will settle in the Collaborative process?
§  According to the findings of the IACP Research Committee, 86% of all reported Collaborative cases reached a settlement agreement on all issues.  Even in cases where the parties cannot agree on all of the issues, it is not uncommon for the parties to reach a partial Collaborative agreement.