Archive for the ‘Collaborative Law’ Category
February 15th, 2012 | Posted by Leah Potter | Posted in Adoption, Collaborative Law
Press Contact:
Leah Potter
HARDEN JACKSON LLC
11450 N. Meridian, Carmel, IN 46032
Phone: 317.569.0770
Email: lpotter@hardenjacksonlaw.com
Web site: www.hardenjacksonlaw.com
For Immediate Release
ATTORNEYS FROM HARDEN JACKSON RECOGNIZED BY SUPER LAWYERS
CARMEL, IN – February 15, 2012 – Three attorneys from Harden Jackson, LLC have been recognized by Super Lawyers for 2012. Attorney Lanae Harden, who chairs the firm’s Family Law Practice Group, has been named to the “Super Lawyers” list as one of the top attorneys in Indiana for 2012. Attorney Michele Jackson, who chairs the firm’s Adoption and Reproductive Law Practice Group, has been named to the “Rising Stars” list as one of the top up-and-coming attorneys in Indiana for 2012. In addition, collaborative law attorney Clarissa Finnell has been named to the “Rising Stars” list.
The selection process for Super Lawyers employs a rigorous, multiphase process. Peer nominations and evaluations are combined with third party research. Each candidate is evaluated on 12 indicators of peer recognition and professional achievement. Selections are made on an annual, state-by-state basis.
Super Lawyer Lanae Harden is a founding member of Harden Jackson, LLC where she practices divorce and family law litigation with more than 15 years of experience. She chairs the firm’s Family Law Practice Group and frequently handles complex custody and parenting time litigation cases. Rising Star Michele Jackson chairs the firm’s Adoption and Reproductive Law Practice Group and focuses her practice in domestic and international adoptions as well as reproductive law matters. Rising Star Clarissa Finnell is a seasoned attorney who practices exclusively in the area of family law, representing clients with cases including legal separation, divorce, child support, child custody, paternity, parenting time, modification and contempt issues.
Harden Jackson, LLC is a Carmel law firm providing personalized service with a responsive and compassionate approach. As effective and experienced litigators, the attorneys work with clients to develop strategies for negotiating settlements, while always preparing for litigation if necessary. The practice assists clients in all areas of family law, adoption and reproductive law matters. For more information, please contact Leah Potter at 317.569.0770 or www.hardenjacksonlaw.com .
Tags: Clarissa Finnell, Lanae Harden, Michele Jackson, Super Lawyers
September 21st, 2011 | Posted by Leah | Posted in Collaborative Law, Family Law, General Law
The specific language of your divorce settlement agreement does matter – make sure you understand the terms before you execute it, or you might regret it. The Indiana Court of Appeals affirmed a trial court’s finding in a dispute where Husband and Wife had separate interpretations of language dividing Husband’s deferred compensation plan.
Husband, Kyle J. Bonebright, appealed an order from the Warren Circuit Court relating to the parties’ marital settlement agreement approved on November 4, 2010. As usual procedure after a dissolution, a qualified domestic relations order (QDRO) was filed to transfer a portion of Husband’s deferred compensation plan to Wife as part of the terms of their settlement agreement. However, a dispute arose over the parties’ interpretation of the specific sentence in their settlement agreement which stated: “Husband has a Deferred Compensation Account in the amount of $21,000 which will become the sole and separate property of wife.” Mr. Bonebright believed the language specified that his ex-wife was to receive the flat sum of $21,000. However, the trial court ordered that Mrs. Bonebright “is entitled to the amount in the [Account] as of November 4, 2010, together with any gains or losses to such amount on deposit on November 4, 2010, due to interest or dividend accruals, and market fluctuations.” The trial court specified that the account would be Husband’s separate property as of November 5, 2010.
Husband appealed the trial court’s order, but The Court of Appeals affirmed and gave Mr. Bonebright a grammar lesson: “The Account is the subject of the sentence and ‘in the amount of $21,000′ both follows and modifies the subject. Thus, ‘in the amount of $21,000′ does no more than describe the account at the time it was included in the Agreement. Therefore, we find that the plain language of the Agreement transfers the entire Account to [Wife].”
September 15th, 2011 | Posted by Leah | Posted in Collaborative Law, Family Law, General Law
We’ve all heard divorce horror stories from friends, coworkers or family members. Divorce is one of the most stressful experiences to endure. It is a loss which carries the weight of grief with all the ensuing emotions, including anger and denial. If you’re dealing with your own crumbling marriage, you’re likely feeling overwhelmed and scared about the impact divorce will have on your family and you. How can you survive the transition and adjust to a new life? The following suggestions may help you through the process.
1. Don’t try to handle your divorce on your own. In the interest of saving time and money, people are willing to compromise and are turning to the internet and online websites offering divorce packages and forms to “do it yourself.” Without more understanding of the law, they often don’t realize they could be compromising their legal rights. Preparing legal documents without the benefit of a legal opinion may result in unintended consequences that could be even more costly or impossible to correct in the future. Do talk with a law firm that can offer options, including alternatives to litigation, to help you save on attorneys’ fees.
2. Don’t assume traditional litigation is the best option. A common misunderstanding is that it is better for a judge to make decisions if spouses cannot agree. The reality is that litigation limits the decision-making of both parties and increases attorneys’ fees. You and your spouse are in the best position to determine what happens to your children and your property. There are cases where negotiation or mediation are not appropriate because of abuse or mental health issues, or these options prove ineffective. To determine a good strategy, find an attorney who will focus on what is best for you, your family and your financial situation.
3. Establishing a good rapport with your attorney is essential. You’ll want to feel comfortable communicating with your attorney. Don’t hesitate to ask your attorney questions. Find an attorney who educates you about divorce law and your options so you can make informed decisions. You and your attorney need to work as a team to strategize about the necessary steps in your case. Be sure to let your attorney know what matters most to you, whether it is keeping your home, retaining your retirement, receiving legal custody or more parenting time. With that knowledge, your attorney is better equipped to help you receive reach your goals either by negotiation in the conference room or litigation in the courtroom.
Remember, these suggestions are not meant to be legal advice. You should consult an attorney to discuss the specifics of your situation. If you have questions, you may contact our firm at 317-569-0770 or www.hardenjacksonlaw.com.
August 15th, 2011 | Posted by Leah | Posted in Collaborative Law, Family Law, General Law
Dr. Joseph Nowinski, a clinical psychologist and frequent author on divorce and parenting has suggested that true co-parenting isn’t always the best scenario. While he discusses that the philosophy is an improvement over the outdated “tender years doctrine” favoring mothers, he asserts that parenting time should be based on experience. Critics of this theory point out this is often a “Catch-22″ situation for the parent who lacks experience because he or she hasn’t been the primary caregiver or custodian. How does one gain experience in parenting if insufficient parenting time is granted. Also, as households transition, each parent assumes more responsibilities in their respective new homes that were once mostly shared. In addition to the added responsibilities, both parents are likely experiencing financial hardship, which adds to the stress. More stress and distractions leave less time for attentive parenting. Divorce is disruptive for all members of the family. To minimize the trauma for the children, parents need to become more child-focused during the transition, which can be extremely difficult while handling their own emotional turmoil. An honest self-assessment is suggested to help parents evaluate if they are ready for shared parenting.
Dr. Nowinski has created the following list of questions. It is important to answer each of the following questions as it applies to you now, not what you plan for the future.
• Do you know the name of your child’s pediatrician?
• How often have you brought your child to a pediatrician appointment?
• Do you know the name and phone number of your child’s school nurse?
• Do you know the name and phone number (or e-mail address) of your child’s teacher?
• Does your child take any medications? If so, do you know their names, doses, and when your child is supposed to take them?
• Do you know approximately your child’s weight and height today?
• How many days in the past two years have you taken off from work in order to stay home with your child when she or he was sick?
• If your child is in day care, how often in the past year have you had a one-to-one chat with the director of the day-care center about your child’s progress in socialization?
• How often do you supervise or help your child with his or her homework?
• What are your child’s favorite television shows?
• How often do you read to your child?
• How many days per week do you supervise your child while he or she gets ready for bed, including brushing teeth, washing up, and getting into pajamas?
• How often do you prepare a meal for your child?
• What are your child’s favorite foods, and which are his or her least favorites?
• How often do you purchase clothing for your child? Do you know what his or her current clothing sizes are?
• Do you know the names of your child’s best friends?
• How many of your child’s birthday parties have you personally organized and supervised?
August 9th, 2011 | Posted by Leah | Posted in Adoption, Collaborative Law, Family Law, General Law
View our new ad in the recent issue of Current in Carmel.
Current in Carmel – Harden Jackson Law Ad
May 23rd, 2011 | Posted by Leah | Posted in Collaborative Law, Family Law, General Law, Mediation
In the current economy, many couples are searching for cheap, fast ways to process their divorces. With access to the internet, spouses have found online websites offering divorce packages and forms to “do it yourself”. LegalZoom is one such service. In the interest of saving time and money, people are sometimes willing to compromise, and without more understanding of the law, they often don’t realize they could be compromising their legal rights.
Most people have a tendency to underestimate the work that goes into preparation for divorce proceedings. Achieving a fair and equitable divorce requires a great deal more than simply printing off forms. Low-cost divorce websites and other such services reinforce the public opinion that legal processes such as divorce or estate planning may easily be accomplished by generating simple forms. But, if a consumer is considering the use of such services, one should carefully read the service provider’s disclaimer – the “fine print”. In the case of LegalZoom, the service provider is not acting as an attorney, does not review the documents the buyer prepares for compliance or legal sufficiency and does not guarantee that the documents are accurate or correct. Also, considering that divorce laws and procedures vary by state and are frequently revised, it is possible that forms on online websites are not up to date on each state’s current requirements.
Preparing legal documents without the benefit of a legal opinion may result in unintended consequences that could be even more costly to correct in the future. At JHDJ Law, we receive a number of calls from prospective clients who for various reasons chose not to have representation in the interest of saving money and then received unfavorable court orders. Unfortunately, the cost to appeal or attempt to modify an unfavorable order is usually 2-3 times the average cost to retain a divorce attorney at the beginning of the proceedings.
Using “vanilla” or “boilerplate” forms from an online website may also restrict the flexibility you have to divide assets or deal with custody, parenting time and child support issues. The documents may not adequately address all issues you and your spouse have. While there are common processes to any divorce, each marriage is unique and the terms that you and your spouse need to divide your property and protect your children are specific to your situation. For instance, perhaps you are upside down in your mortgage and need a creative solution written into a settlement agreement. Or, you work nontraditional schedules and need more flexibility with parenting time versus standard guidelines. In many situations, online forms only address standard scenarios, with vague language. An attorney or mediator can help you draft a settlement agreement that best suits your family’s needs.
There are certainly ways to minimize legal fees and maintain control over the terms of your divorce. At JHDJ Law, we encourage spouses to avoid litigation and to consider alternatives such as mediation or collaborative law. Both are less expensive than traditional divorce litigation, but each alternative method still provides a structured, legal process to address issues and work out detailed terms – removing the guess work from spouses who are already struggling with the emotional and financial difficulties of their marital issues. There are many areas in your life where a DIY approach can be cost saving – but divorce shouldn’t be one of them.
Tags: Child Support, Collaborative Divorce, divorce, family law, Mediation, visitation
May 9th, 2011 | Posted by Leah | Posted in Collaborative Law, Family Law, General Law
Therapists can assist the collaborative process in several ways. First, the parties can agree to have a mental health professional available during the process to assist with the emotional aspects of negotiations. Sometimes a therapist would sit in on meetings and sometimes would just meet with parties one on one or together outside the legal meetings. The role of the mental health professional in this situation is to give guidance to the parties as they face the emotional challenges of the settlement discussions. The second way a mental health professional can assist in the collaborative process is as a child expert. In this circumstance the parties are faced with a difficult child related issue and agree that they need the guidance of a therapist before making important decisions about their child. The therapist would, in this case, likely meet the child in the therapist’s office and would meet with both parents in the therapist’s office. Then the therapist would attend one or more meetings of the collaborative law team to inform the group on the difficult child-related issue and assist as needed when the parents are negotiating child issues. A formal written report is not typical, but is not forbidden. The third way that a therapist can assist the collaborative process is to become the therapist for one of the parties outside the collaborative law process. It is important to have therapists who understand the collaborative method of divorce so that they can encourage and assist parties with the unique demands of sitting face to face with a soon to be ex spouse.
Mental health professionals who participate in the collaborative process do not have to testify in court. Collaborative cases do not go to court! In the rare circumstance that the collaborative process is unsuccessful and the parties choose to pursue litigation, a mental health professional who has participated in the process under scenarios one and two listed above are off limits in the litigation process. In situation three above, they are only as available as any other treating mental health professional would be.
The cost that a mental health professional charges for his or her services is up to that professional. It is assumed that a mental health professional will charge for time spent in his or her office meeting with parties or children AND for time spent in collaborative law meetings. The parties discuss payment for these services in the collaborative meeting and agree on how the fees should be paid.
Tags: Collaborative Divorce, collaborative law, divorce, Family Therapy
May 6th, 2011 | Posted by Leah | Posted in Collaborative Law, Family Law, General Law
Attorney Clarissa A. Finnell participated in the first interdisciplinary training seminar sponsored by the Central Indiana Association of Collaborative Professionals (CIACP) held April 28-29 at the Indianapolis Bar Association. Finnell was part of a group of 36 attorneys, mediators, family therapists and financial advisors in Central Indiana who attended the seminar to be trained in collaborative practice.
Collaborative law is an alternative dispute resolution process most commonly used in divorce and family law. It’s a structured method where couples are represented by specially-trained attorneys and engage in a series of negotiations and settlement conferences to reach a peaceful resolution. It’s commonly referred to as a “respectful divorce” because the collaborative process encourages rational decision-making and minimizes adversarial behavior. It helps reduce the emotional and financial costs of divorce, while focusing on communication, cooperation and co-parenting.
CIACP is a separate entity from the law firm, founded as a non-profit in part by Stephenie Jocham, a founder of Jocham Harden Dimick Jackson, who saw a significant growth in demand for collaborative law and mediation in family law matters. The organization’s mission is to further develop the practice of collaborative law in Indiana and train additional professionals.
Finnell has practiced family law throughout her legal career and is experienced in complex divorce litigation. Finnell views the additional training as an asset to her practice and her ability to represent clients. While she often sees common issues and disputes in family law cases, each case has to be individually evaluated to determine the best strategy – and in many cases, circumstances and financial resources don’t warrant the traditional litigation path. Certainly, there are always going to be divorce and custody cases that require litigation due to the complexity of issues or allegations, especially in cases involving domestic violence or substance abuse issues. With the additional training in collaborative law, the firm’s Family Law Practice Group offers options to clients so that they can pursue the best process for their particular case.
Another important note is that collaborative law isn’t just for divorces. It can be used in a number of family law disputes including post-dissolution custody or parenting time (relocation is a common issue after divorce), as well as paternity or domestic partnership matters. Selecting collaborative law or mediation for a modification after a decree or court order can save parties significant time and fees compared to litigation. The nature of the business structure used in the collaborative process (settlement conferences have agendas and minutes), means it is also very effective for other civil matters and business disputes or contract issues.
Tags: Clarissa A. Finnell, Collaborative Divorce, collaborative law, custody, divorce, family law, parenting time, relocation
May 3rd, 2011 | Posted by Leah | Posted in Collaborative Law, Family Law, General Law, Mediation
Divorce Rates Increasing as Economy Rebounds (Select Link to watch CNN video report)
Interesting report from CNN. Most divorce attorneys reported a decrease in the number of new clients during the recession. It was rather unprecedented for the industry as financial woes typically precipitate or occur in connection with a divorce filing (people typically divorce due to issues involving sex, money, or children). The decrease in new divorce cases during the economic downturn occurred because of the higher rates of unemployment and the dismal housing market. Many couples felt trapped because they couldn’t sell their homes or were upside down, and for many, it was their most significant asset.
Transitioning into two households also seemed daunting for couples who were struggling to make ends meet in one. With job losses and concerns about relocation costs or child support, many couples chose to remain in unhappy marriages, or would “informally” separate (sleeping in separate bedrooms, alternating child care schedules or house-sharing), cohabiting as roommates due to the financial strains. Rarely did this arrangement lead to reconciliation. In fact, this forced cohabitation resulted in more stress and deteriorated communication as couples struggled with redefining their new living situations and relationship interactions while attempting to move on emotionally from their damaged marriages.
Couples who pursued alternatives to litigation found that divorce was still an option. Attorneys with mediation and collaborative law practices actually saw an increase in these services during the recession, as couples learned their were more affordable methods to dissolve their marriages than the traditional litigation process. Not only are these alternatives less expensive in attorneys’ fees, couples could also be more creative with the language and terms included in negotiated settlement agreements regarding timelines for distributing or selling property. Cooperating on terms to preserve that asset until a more favorable time enabled spouses to finalize divorces and concentrate on rebuilding their lives, while minimizing the emotional and financial fallout of the most difficult transition.
As a side note, we sigh at the continuing use of the word “matrimonial” attorney. By definition “matrimonial” refers to marriage, but we find that “family law” is much more appropriate and relevant terminology. There are a number of different types of families now who have issues to resolve involving property and children. Marital dissolution is not the only issue facing couples, given the higher numbers of cohabitation and domestic partnerships.
May 2nd, 2011 | Posted by Leah | Posted in Collaborative Law, Family Law, General Law
The Central Indiana Association of Collaborative Professionals (CIACP) sponsored the first interdisciplinary training at the Indianapolis Bar Association on April 28-29, 2011 for attorneys, mediators, family therapists and financial advisors in Central Indiana. The training was coordinated by JHDJ Law attorney Stephenie Jocham, who along with attorneys Holly Wanzer and Elisabeth Edwards, created the CIACP for professionals to further develop collaborative practice in Indiana. Jocham, Wanzer and Edwards, who are also mediators, have seen a significant growth in demand for collaborative law and mediation in family law matters. Jocham believes many factors have resulted in more clients seeking ways to avoid going to court to deal with their family law issues. One significant factor for many spouses was the recession, which motivated many parties to request a less expensive process to resolve their divorces. Growing awareness about collaborative law has also begun to influence more potential clients as they learn about the privacy and flexibility of the process, which promotes cooperation among the parties rather than confrontation in the courtroom. Of the 36 professionals who completed the training, they came from many different areas of practice including family law attorneys, family therapists, mediators and financial advisors.
Most people have one concept of the divorce process – that each spouse hires an attorney and then they have to engage in a series of communications through their attorneys and often go to court for preliminary and final hearings. This traditional litigation model is only one possible process (with several variations), and in many cases, it is not the best option depending upon financial resources and family circumstances. Options such as collaborative law or mediation offer alternatives to the traditional process.
These alternatives are important, because although dissolution of marriage is a legal process dissolving the marital contract, the reality is that divorce is an emotionally-charged life change. No matter how amicable the spouses are, divorce is stressful. Anger, bitterness, grief and guilt are common emotions. In most litigation, these emotions result in increased fees. Collaborative divorce encourages rational decision-making. Working with divorce coaches or therapists can help manage the stress and emotions. This allows parties to make clear-headed, future-oriented decisions instead of critical financial or personal decisions in the heat of the moment. As collaborative divorce attorney Holly Wanzer of JHDJ Law says, “divorce isn’t about getting to an agreement you can live with today, but about reaching one that you can live with in 6 months when the raw emotions subside.”
Professionals who participated in the training course for collaborative law learned some of the other advantages for their clients. Therapists who are dealing with the most intimate details of their clients’ lives understand why the additionally privacy in the collaborative divorce can be beneficial to couples. Divorces are public record, and the court file may include personal details as well as allegations concerning parenting skills or drug or alcohol use, especially in custody matters. Financial information may be included such as property owned, vehicles, mortgage balance, debts, and retirement funds. In the collaborative process, the parties agree to share information only with each other, their respective counsel and necessary experts. Less information is also disclosed in the actual settlement documents, therefore leading to a more private final agreement.
More couples are becoming aware of the negative impact divorce can have on their children, even if children are older. Even if the parties’ relationship as husband and wife cannot be salvaged, they still have to co-parent, so couples who are able to cooperate with each other can minimize the effects on their children and grandchildren. A collaborative divorce is structured to encourage respectful, co-parenting relationships and help couples look for opportunities for resolution instead of revenge.
Some attorneys have been reluctant to embrace the collaborative process because of a number of concerns, one of which is fear that a collaborative practice won’t be financially lucrative. This is the harsh truth of divorce – litigation rarely benefits the parties – only the attorneys involved. Celebrity divorces are extreme examples, but can be valuable lessons. For instance, the fees generated by the Frank McCourt divorce were $19 million, as the parties fought over an approximate marital estate valued at $1.2 billion dollars and control of the Dodgers’ baseball franchise. Obviously, those cases are the rarity, but national statistics do show that the average US divorce costs between $7,000-$20,000 (twice that if custody is at issue). That’s a significant chunk out of the average American couple’s marital assets. Ultimately, divorcing couples need to preserve as much of their income and assets as possible since there will be two households and two sets of expenses. Traditional litigation tends to focus on getting the “best” result at whatever the cost. But the collaborative process is designed to reduce costs.
Another important note is that collaborative law isn’t just for divorce. It can be used in a number of family law matters including post-dissolution custody or parenting time issues, as well as paternity or domestic partnership disputes. It is also effective for other civil matters and contract issues. At JHDJ Law, 5 of the firm’s family law attorneys are now trained in the collaborative process. Edwards, one of the firm’s collaborative attorneys who has seen a shift in her practice, see this increase in the number of trained professionals as a positive for the greater Indianapolis community. “Divorce impacts our community in a number of social and financial ways,” Edwards says. “By having more attorneys and therapists trained in collaborative law, we offer greater awareness and opportunities to help couples minimize the damage of divorce.”
Tags: attorney fees, child custody, Child Support, collaborative law, costs of divorce, divorce, divorce attorneys, divorce lawyers, family law
