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Preparing for Divorce
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Proper Courtroom Behavior and Attire
DON’T CANCEL OUT YOUR INVESTMENT IN LEGAL FEES BY DRESSING OR ACTING INAPPROPRIATELY A British website, judiciary.gov.uk, says “When you see a judge or magistrate sitting in court, you are actually looking at the result of 1,000 years of legal evolution.” The US judicial system is descended from the English system and inherits some but not…
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Recordings of Children – Can they be used in court?
IS RECORDING KIDS ILLEGAL EAVESDROPPING? Lately my work in custody cases has got me focused on the use of recordings of minor children as evidence in court. It’s so easy to record anything these days; just whip out your smartphone. But maybe using that smartphone isn’t so smart. When it comes to recording phone calls…
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Pendente Lite Motions
“LITE” DOESN’T MEAN LOW-CALORIE Pendente lite. It’s pronounced “pen-den-tay lee-tay” and it’s Latin for “pending the ligation.” The phrase refers to motions made before a court for judicial relief (outcomes) needed by a party during the pendency of a lawsuit, without waiting until it ends. For example, in a divorce the “non-monied” spouse may need to apply…
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Collaborative Divorce–A Process Option Whose Time Has Come
WHY COUPLES CHOOSE COLLABORATIVE LAW OVER COURT Kim Ciesinski recently wrote an excellent article in the New York Law Journal explaining the advantages of collaborative law over litigation in divorce cases. She identifies upsides including client-driven negotiation, privacy, emotional guidance and financial expertise. In addition, she characterizes types of couples who tend to choose litigation, mediation and…
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Thinking About Divorce–What to Consider First
PERSONAL, FINANCIAL, AND LEGAL CONSIDERATIONS You’re thinking about divorce. It’s a complicated process, whether you look at it emotionally, financially or legally. You are likely feeling all different emotions, sometimes minute to minute it changes – anger, confusion, fear, hurt, maybe nothing. This is totally normal. It is very important though to make rationale, educated,…
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Process Differences between Collaborative Law, Litigation and Mediation – The Process Chosen Can Make All the Difference
During a consultation with one of the attorneys in our office, we customarily will review the different process options to divorce. (There are three ways and Lazar & Schwartz does all of them.) As experienced attorneys, we have learned how important it is to educate our clients from the moment we meet, about their options…
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Legal Consultations–Fee or Free?
WHY SOME LAWYERS CHARGE A CONSULTATION FEE AND SOME DON’T We are sometimes asked why we charge a consultation fee when some attorneys give free consults. Our reasons are rooted in the quality of a potential client’s decision-making following the consultation. At Lazar & Schwartz we don’t treat the consultation as a chance to sell…
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Family Offense Petitions
WHAT IS A FAMILY OFFENSE PETITION AND HOW DO I KNOW IF I NEED ONE? DO YOU FEEL UNSAFE? The breakup of a family, no matter how civil or calm, can be tense and stressful for all its members. People who have behaved rationally in the past may not do so during this time, and…
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Introducing Your New Love to Your Children
WHETHER, WHEN AND HOW TO INTRODUCE YOUR KIDS AND YOUR NEW SIGNIFICANT OTHER You’re divorced or separated and you’re dating someone you’re serious about. You want to introduce your new partner to your children. You want this introduction to go well. After all, these are the most important people in your life. How do you…
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Holiday Blues
STRESS MANAGEMENT AT HOLIDAY TIME BEGINS WITH YOU There are many articles about ways to manage stressful family situations during the holidays, especially situations involving children. There are articles about two-house families post-divorce, blended families (yours, mine, ours), loyalty to multiple families, stress around step-families, toxic and dysfunctional families, dreading and avoiding family at holidays, family-related tension at holidays, surviving the family holiday, family fights at holidays — you name it.…
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Divorcing and Difficult Conversations – Where to Begin
DEALING PRODUCTIVELY WITH CHANGE TAKES COURAGE — BUT IT’S WORTH THE EFFORT Getting separated or divorced often requires having many difficult conversations. Sometimes it is hard to know where to start. If you are in the process of divorcing or are considering separation, read on. One of the better books on this topic is “Difficult Conversations: …
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Divorce–Now or Later? Or Much Later?
WHEN TO DIVORCE? TIMING IS EVERYTHING. Deciding to divorce is one choice; deciding when to divorce is another. Some seek divorce quickly upon encountering difficulties in their marriage; others wait. That wait might be months, or it might be years. This post covers some timing considerations that come into play for many. While we can outline…
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