Thank you for considering Nancy Caplan to manage your negotiations relating to separation, divorce, child custody, support, alimony, health insurance costs, family home, and distribution of property. With Ms. Caplan's professional guidance, most couples are able to arrive at fair, practical agreements, without wasting money on spiteful, drawn-out court battles. Choose to rebuild instead - Mediate.
Mediation. Mediation is the process by which a skilled, neutral third-party (the Mediator) manages the husband-wife direct face-to-face negotiations of issues between conflicting parties to effectuate an agreement or conciliation of their child-related, support and property disputes. In Mediation, even if the wife and husband each have lawyers to advise them on their legal rights, the parties most often negotiate without the presence of their lawyers. Together the couple make decisions about their children, personal finances and property, to come to an agreement that each person can live with. The parties themselves, through consultation with their attorneys, or other legal information sources, financial and/or mental health professionals, as needed, discuss, unravel facts and figures, negotiate and most often, work out the problems presented by a separation or divorce.
Legal Representation in Uncontested Divorces. Often couples with little property and/or without shared children are able to make agreements themselves relating to the issues of their separation and divorce. Often a person will call and say "we've agreed to everything, we just need a Separation Agreement." In that case, there is no dispute to mediate. There is no dispute to litigate in court. What now?
In this situation, it may be most cost-effective to retain a lawyer to proceed through the Separation and Property Settlement Agreement process. A lawyer may ethically represent only one party. Therefore, if this situation applies to a couple, each party should attempt to jointly, deliberately and without threat to one another seek out independent attorneys for each party. Hopefully the parties will seek out family law attorneys who, like me, also participate in the peaceful approaches to separation and divorce. Choosing attorneys with similar fees and retainer requirements is another way to try to maintain a balance between the parties. I provide such legal representation to one party in such "uncontested matters." I may either write the formal Separation and Property Settlement Agreement for submission to your spouse and/or his or her attorney, or I can review a Separation and Property Settlement Agreement drafted by your spouse's attorney. This differs from mediation in that I will represent and give legal advice to the party who is my client. While there may be certain loose ends and verification of facts, etc., generally in these cases the parties have: 1.) Fewer assets/disputes and 2.) have informally agreed to the largest issues arising from their marriage, separation and possible divorce.
It is important to note, however, in these matters, if issues become disputed giving rise to the need to file a lawsuit in court, you shall be referred to a litigation attorney for transition which may in fact increase your legal fees by duplication of efforts of two attorneys.
Mediation compared to traditional Separation and Divorce Litigation in the Court System.
The Mediation process is faster, less stressful, private, controlled and very, very often, less expensive.
Often one spouse or the other is reluctant to try mediation. This is the perfect opportunity to get the information you need without feeling obligated and with nothing to lose, except your questions about how mediation can ease the stress and expenses of separation, divorce, custody, child support, etc..
Couples OR individuals seeking information are welcome to the seminar. Let me help de-mystify the process without pressure. Space is limited. People with reservations are seated before walk-ins. Thank you for educating yourself about the options available to take you through the process of separation and divorce.
