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Family Law

Collaborative Family Law Process: A Peaceful Solution

Carolyn Zisser August 14, 2018

Is peaceful divorce an oxymoron? Not anymore. As a recovering family law litigator, I have handled hundreds of family law cases. I have come to believe that so much of understanding and achieving my clients’ goals involves assessing probable outcomes and anticipating and responding to the psychodynamics of the spouses; i.e., how the parties relate, use control, intimidation, and other

New Limits On Court Ordered Therapy In Arizona

Mitchell Reichman July 31, 2018

The cultural creep toward Arizona family law judges making parenting decisions has been altered with two recent decisions by the Arizona Court of Appeals – Nicaise v. Sundaram and Paid E v. Courtney F. More than 25 years ago it was established that court-appointed psychologists who were performing custody evaluations enjoyed immunity. While extending this immunity, the court articulated that

Third-Party Custody And Grandparent Visitation

Tiffany Lesnik July 31, 2018

As unfortunate as it may be, I will sometimes receive calls from other attorneys who represent a parent who has just passed away and the question inevitably will be “can the grandparents sue for custody now or are they too late?” The answer is generally they are too late. Therefore, it is best for grandparents to file a motion for

After the Divorce: When One Parent Tries to Turn the Children Against the Other?

Francis King March 8, 2018

A subject I often encounter in my family law practice is the matter of post-divorce parental alienation. When one parent substantially interferes with or undermines the other parent’s relationship with their children, a claim of alienation can arise. Such alienation can result when a parent succeeds in manipulating a child’s emotions so as to turn him or her against, or

Funding the Divorce Case: Options for Potential Clients

Heather Williams Forshey November 28, 2017

How much is this going to cost? It is the number one question we get asked by clients who are seeking representation for family law matters. What do you say to a spouse who is unemployed and does not have access to the marital assets? What do you say to clients who simply do not have the cash to pay

The Benefits of Collaborative Divorce

Frances Ross Nolan October 23, 2017

Parties to divorce face hard choices and often, emotional trauma. As divorce lawyers, we are tasked with supporting people who have been stripped of the life they once knew and are required to absorb that loss while facing monumental decisions that will have lasting impact on their children and their future; however, our traditional adversary system is often unable to

An Intro to Collaborative Practice in Family Law

Frances Ross Nolan September 1, 2017

You might find yourself thinking, “What in the world is collaborative about the practice of law?” After all, ours is an adversarial system employing two hired guns in each case to present opposing views to a judge or jury for determination, right? For the vast majority of cases, that is the way things work, but for some lawyers and clients,

Parental Relocation: Reasonable Purpose & Burden of Proof

Francis King July 20, 2017

A particularly difficult post-divorce problem arises when one parent wishes to relocate with a child to another state. In March of this year, the Tennessee Supreme Court rendered an important decision on this subject, Aragon v. Aragon, 513 S.W.3rd 47 (March 16, 2017). In Aragon, the parenting plan order entered at the time of the divorce provided that the parents

Finding Happiness in the Practice of Law

Mitchell Reichman June 7, 2017

The start of summer vacations is a perfect time to reflect on the things we can do to optimize our performance and make the practice of law more enjoyable. There are dynamics unique to the practice of family law, which make it particularly challenging. Our clients are oft en highly reactionary, anxious, distraught and lack self-awareness. Opposing counsel may not

Even More Gray Area: The Impact of Cognitive Dysfunction in Older Divorce Clients

Kathleen Newman May 11, 2017

In recent years, statistics have shown that while the overall divorce rate is falling, divorces for people over 50 are rising. The gray divorce phenomenon has many issues particular to that age group, including spousal maintenance for a homemaker spouse or when there has been significant disparity in incomes; the tracing of inherited assets; and the division and use of

Family Law

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