As mediation continues to build momentum as a viable, and often less costly, form of dispute resolution, so has the role of your attorney in the mediation process. Mediation is a form of alternative dispute resolution in which spouses meet with a qualified neutral professional, usually and preferably an experienced divorce attorney, to discuss their child related and/or financial issues, exchange pertinent information, and work with the mediator to create an out-of-court settlement. While this process does not involve retained experts or litigation, most parties do in fact consult with and obtain advice from an attorney prior to, during, and after the mediation process.
1. Educate
The attorney’s role in the mediation process starts with providing the client with education. Your lawyer must not only explain the process so you are more comfortable but he or she must provide you with the law and apply it to your case so that you have a proper framework for your discussions.
2. Gather Information
Parties may need help in deciding what documents and information are necessary to evaluate issues in the case before the process begins. Paystubs, corporate documents, tax records, real estate documents, retirement records, and other materials may be essential in clarifying your rights. Your attorney should assist you in drawing up a list of such documents to bring to mediation and review those documents with you as they are gathered.
3. Support the Mediation Process
It is possible that your attorney will not be present during the mediation session itself, but that does not preclude him or her from providing consultation throughout the process. Your attorney can assist you in formulating strategy and evaluating proposals. Attorneys present in the mediation can help you navigate legal issues as they arise while at the same time being there to coach you and provide moral support. Your attorney’s role in the mediation is not to take every legal step to strengthen your position but rather to help you reach an acceptable and reasonable settlement. The very best attorney will help you find your voice in the process and to constructively communicate with your soon-to-be ex-spouse.
4. Review Options
Once mediation begins and the options and issues crystallize, your attorney can help you evaluate those options in terms of your legal rights and future needs. Your counsel’s legal advice and expertise are essential in helping you appreciate which options are most and least favorable, the legal strength of the position on various issues as well as other issues that are or may be important and how each option might effect your goals.
5. Review and Finalize Legal Documents
At the end of the mediation process, your attorney looks over the Memorandum of Understanding with you to make sure every relevant issue is addressed, parenting plans are workable, financial/property settlements are equitable, etc. Your attorney should also review the Memorandum to ensure it will not be rejected by the court for any reason. Assuming you are consulting with your attorney throughout the process, this is not the time to make massive changes. It is time to review and finalize a working document.
Your attorney’s performing his or her job well enables you to mediate the divorce successfully and achieve an acceptable settlement without subjecting your family to the extreme emotional and financial expense often caused by litigation.
The graying of America is moving full speed ahead. It is estimated that 10,000 people are turning 65 every day —a trend that will continue for the next 20 years. By 2030, almost one out of every five Americans—some 72 million people—will be 65 years or older. By 2050, the 65+ population is projected to be between 80 and 90 million, with those 85 and older accounting for nearly 21 million.
Ever since the news reports revealed that the Illinois legislature had started reviewing the child support statute, I have been flooded with questions regarding the change. The reports state that according to the new proposal, the statute will no longer apply a set percentage to net income based on the number of minor children. Instead, the revised statute is expected to consider the incomes of both parents, as well as the amount of time each parent spends with the child. The reports do not provide specifics because the changes are still being discussed. Thus, for the past year, moms and dads alike have been anxiously waiting to learn the impact the new law is going to have on their finances. This is especially true in cases where parties share custody, meaning that the parties have joint custody and share equal time with the children.
Though many children look forward to the fun, freedom, and activities that typically come with summer vacation, it can be a challenging time for both the children and the parents in divorcing or post-divorce families.
Every parent has a legal and moral obligation to financially support his or her child. When parties divorce, the court will usually require the noncustodial parent to pay a percentage of his or her net income as child support. What happens, though, when the noncustodial parent’s net income is difficult to calculate or fluctuates from year to year? Or, what happens when the noncustodial parent is unemployed or underemployed?
Paying for a child’s college education is a significant financial issue in any family, but with divorcing or divorced families, it can be especially tricky. Often times, if parents divorce when their children are young, the marital settlement agreement does not specify each parent’s obligation because that event is many years down the road. Therefore, when the time eventually arrives, planning for college should include not only traditional items such as exploring potential schools, financial aid packages, and travel and boarding arrangements, but also a review of the settlement agreement well before enrollment in a specific institution.
Recently, the United States Supreme Court heard oral arguments on two consecutive days in two cases which have generated national headlines and filled the broadcast airways with the topic of marriage equality. The Court’s decision in these two cases, Hollingsworth v. Perry and United States v. Windsor, will be delivered by the end of the 2012-2013 Term in mid-June and may likely have a profound effect upon the view of marriage in this country.
When people ask why I chose family law, I tell them that it’s one of the few areas of law where one not only deals at close range with clients, but one that touches on a plethora of areas of the law. After over 20 years in practice, it has become obvious that the multi-disciplinary nature of divorce extends far beyond the issues of income taxes, bankruptcies, and the business entities that we deal with to value the estate. It extends into areas of trust and estate planning, insurance and a variety of other areas that those experiencing divorce often don’t foresee. The purpose of this Article is to highlight a few of the most common areas where what appears to be ordinary planning can have an unexpected negative result in the event of a divorce.
The population of the United States is getting older. The most recent census, conducted in 2010, revealed not only that there are now more Americans age 65 and above than at any other time in U.S. history, but also that this age group grew at a faster pace during the prior decade than the total population. Moreover, the 65-and-older set is expected to increase even more rapidly over the next decade as more baby boomers start to turn 65 and as new medical advances continue to extend life expectancy.
The statistics are deeply troubling. 1 in 4 girls and 1 in 6 boys will be the victim of child sexual abuse by the time they reach 18. Ninety-three percent of these victims are abused by someone they know who is in a position of trust or authority. However, only 1 out of 10 victims ever disclose their abuse.




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