Posted by catherine jacobs on Wed, Jul 07, 2010 @ 03:54 PM
Is Economy Affecting Divorce Rates?
It is good news and bad news. Bad new; the economy is down. Good news for couples; the divorce rate goes down when the economy is down. It's happening all over the country. When times are tough, it seems, more couples are deciding to tough it out. It's not love that's keeping them together. It's about money.
Divorce means dividing up assets. In this economy, many more divorces are about dividing up the debt. And in this economy, breaking up is harder to do.
Not only are you faced with splitting debt and, if you're lucky, assets, but now you have to have two new households with less money and more debt. A result is that across the nation, divorces are down, according to the American Academy of Matrimonial Lawyers.
Dividing households is a lot more expensive than having someone to help split the rent and utilities. And there are no discounts on divorce.
The decline in the housing market is also contributing to the decrease in divorces. With "upside down" mortgages, it may not be a question of splitting the assets, but dividing the liability, instead. Some couples are deciding to tough it out til the tough times pass.
Money is always a marital stressor. In these financial times, when people are losing jobs and homes, the stress is higher than ever. This stress often leads couple to seek a divorce, only to find that the financial strain of a divorce is not even an option.
So, what does this mean for couples today. Any couples who are seeking divorce need to seek the advice of an experienced family law attorney who can provide you with realistic advice as to how a divorce with financially impact your life.
Call Jayne Dykema or Lori Zellers at Dykema Law Offices. They are experienced family law attorneys and certified family law mediators.
dykemalaw.com
616-363-6611
Posted by catherine jacobs on Tue, Jun 22, 2010 @ 09:15 AM
Divorce Mediation Myths:
Myth #1: Mediation allows one spouse to dominate another.
Fact: An experienced mediator is always aware of the power balance between the spouses and utilizes many specific techniques to correct any imbalance. If one spouse persists in dominating behavior, the mediator will call a stop to the mediation rather than allowing it to continue. Spouses should let their mediator know if there is an issue with control in the marriage. This will allow the mediator to watch for any power imbalances and stop them before they detract from the mediation process.
Myth: Mediation is more of a hassle than hiring a lawyer to handle the divorce.
Fact:Mediation can significantly reduce the "hassles" of hiring a lawyer and proceeding to court on a divorce matter. Mediation can generally be concluded in a few sessions, if not less, whereas a court case can drag on for months and years, thus making it more of a hassle and is significantly more expensive.
Myth: Mediation makes the divorce take longer.
Fact: In almost all cases, mediation takes less time than litigating a divorce. Even if the parties settle out of court, by the time that happens, mediation would be done and over. With mediation, there are no court mandated dates, hearings, and investigations. Mediation allows you to settle your case and move on with your life.
Myth: You don't get to have a lawyer represent you in mediation.
Fact:Mediators welcome parties who have hired attorneys. Experienced divorce and family law attorneys recognize the benefits and value of mediation as a quicker and more amicable form of resolving martial splits. Lawyers can play an important roll during mediation. They assist their clients in the negotiations, they ofter can help design settlement agreements, they advise their clients of their legal rights, and they can prepare the necessary paperwork that is filed with the court. Generally, when you hire a lawyer to represent you at mediation, the lawyers charge a reasonable hourly rate and there is no need for a large retainer. The client only pays for the amount of representation that is needed for the arbitration and paperwork. This eliminates the need for paying a lawyer to go to court, negotiate with the opposing attorney, conduct hearings, come up with proposed settlements for the opposing side to review, argue in court, and the list goes on and on...
Myth: All divorce lawyers understand and support mediation.
Fact:Even though mediation is fast becoming the preferred method of handling divorces, not all attorneys have had experience in this area. Mediation is a non-adversarial approach to divorce, contrary to divorce litigation for the past hundreds of years. You will find that some lawyers believe mediation should not be used to obtain a divorce. These attorneys would argue that spouses should use lawyers and go through the court system. As divorce lawyers understand mediation and its benefits for their clients, benefits for continuing a positive familial relationship for children, cost effectiveness, and time effectiveness.
Myth: In mediation, the mediator decides what's fair.
Fact: The mediator is not a judge or an arbitrator. A mediator has no power to make decisions for the divorcing spouses. It is the mediator's job to work with the spouses to help them negotiate an agreement that each of them considers fair enough to accept.
MEDIATION, A BETTER CHOICE, is a service provided by Dykema Law Offices, West Michigan's premier family law firm. Our family law attorneys have over 20 years in family law experience and are trained and certified family law mediators.
Contact Jayne Dykema or Lori Zellers today. jad.dykema@tds.net or ljz.dykema@tds.net
Posted by catherine jacobs on Tue, Jun 15, 2010 @ 09:28 AM
Divorce Mediation
Divorce mediation still feels like a new idea in some parts of the country, but it's increasingly well-known and widely accepted. Mediation means different things to different people. In the form I recommend, you and your spouse would sit down in the same room with each other and with a neutral mediator. With the mediator's help, you would work through all the issues you need to resolve so the two of you can get through your divorce.
Although there certainly are several different styles of mediation, there are several things you can depend on no matter what style your mediator uses. Mediation is flexible and confidential. It gives you and your spouse a way to settle the conflict between you, which is natural and inevitable, in a way that helps you to work together as parents after your divorce.
The mediator remains neutral between the husband and the wife. That means the mediator can't give advice to either party, and also can't act as a lawyer for either party.
What the mediator can do, though, is to point out in open session to both spouses things that each of them should be aware of about what they're trying to accomplish. That open and free exchange of information frees up both spouses to negotiate with each other in confidence. Because both spouses are working with the same base of information, it usually takes far less time to negotiate a resolution that makes sense to both spouses.
You're welcome to bring your lawyer to mediation if you want to, or you can use your lawyer as an advisor between sessions. Don't let your lawyer make you feel that you must pay him or her to be with you during mediation. That's strictly up to you.
Mediation is voluntary. It continues only for so long as all three of you - you, your spouse, and the mediator -- want it to. Your mediator has to have a good reason to withdraw. You or your spouse can withdraw from mediation at any time, for a good reason, a bad reason, or no reason at all.
People often ask, "Does mediation really work?" In a word, yes. We know from years of research that when you compare couples who have mediated their divorce with couples who go through an adversarial divorce, mediating couples are more likely to be satisfied with the process and the results, likely to take less time and spend less money, and are less likely to go back to court later to fight about something.
The main advantage of mediation is that it keeps you and your spouse in control of your own divorce. That can make all the difference in your recovering from your divorce and moving on with your life. Mediation allows the two of you to get through your divorce with less conflict than you would experience in an adversarial divorce. Because mediation is all about working with shared knowledge, mediation also often allows you and your spouse to work together to lower your tax bill . . . and that can often translate to more money for you.
Posted by catherine jacobs on Thu, Apr 29, 2010 @ 02:38 PM
Traditionally in divorce cases, both parties hire an attorney. A case is filed with the court. Hearing dates are set and, if there are children, friend of the court evaluations are scheduled. In between the hearings, there may be depositions, interrogatories, subpoenaing of employment information and other forms of discovery done by each sides' attorney. This process often can add up to quite a bit of money in attorney fees.
Divorce doesn't have to be this way. The courts in West Michigan recognize and encourage Divorce Mediation. In mediation, the parties come together, usually without attorneys, and work with a neutral person to work though the pending issues. Mediation can generally be completed in a few sessions, and in many cases in only one session.
Mediation can resolve custody and parenting time issues, division of real and personal property and the division of debts.
Mediation is cost effective and has been shown to leave the parties in a more friendly relationship at the end of the case. Often times when the parties work with the mediator, it helps to set them up for working through post-divorce issues with greater ease than had they gone through a tradition divorce proceeding.
Jayne Dykema and Lori Zellers are both certified divorce mediators. Contact them today to learn more about mediation options. Even if you have already filed for divorce, you and your spouse can choose to take you case through mediation.
Posted by catherine jacobs on Tue, Mar 30, 2010 @ 01:20 PM
Divorce mediation allows a married couple, contemplating divorce, to meet with a neutral party to work out an acceptable resolution. Unlike a ruling by a judge, where one party generally wins while the other loses, in mediation, the parties work together to find the best options for resolving their situation.
How does mediation work? The parties schedule a mutually agreeable time to meet with the mediator. The parties remain in control of the process and heavily influence the outcome instead of a judge. Since the parties remain in control, the sessions are generally less adversarial in nature. Instead of presenting your case for a judge to decide, mediation is a safe environment where the husband and wife can express their feelings and be comfortable in their surroundings.
Cost Effective: Mediation can be done in one session, or over the course of a few sessions, depending on the complexity of the matter. The cost effectiveness lies in the fact that the parties are not litigating and preparing the matter over the course of a period of time in anticipation of having trial.
Most parties find that Divorce Mediation helps foster a better relationship after the divorce that the adversarial nature of court. The parties are left having a resource for open discussion and cooperation when making important family decisions.
If you want to resolve your divorce without the stress and hardship of court, contact the certified Divorce Mediators at Dykema Law Offices, P.C..
Serving West Michigan: Kent County, Allegan County Barry County, Muskegon County, Ottawa County, Ionia County, and Mecosta County.
Call: 616-363-6611