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.
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.
Divorce attorneys and family therapists are seeing an increasing number of couples over 50 deciding to divorce. If the parties have been in a long-term marriage, the emotional and financial impact can be devastating, and the parties’ ages make it more difficult to recover, especially if there has been a disparity in income or education. While much of the marketing of collaborative divorce is geared toward younger couples with children, the process has distinct advantages for many couples over 50 regardless of whether they have children or significant assets.
The first advantage is control, as the spouses are directly involved in negotiations and decision-making. A common misunderstanding is that it is better for a judge to make decisions if spouses cannot agree. The reality is that litigation should be a last resort because it limits the decision-making of both parties. In a hearing, your marital history, behavior and personal financial information are presented to a stranger via testimony and exhibits compressed into a few hours. In a collaborative divorce, spouses control the timeline and number of conferences needed to exchange information and negotiate a settlement. The process even incorporates certain business elements, with each settlement meeting including an agenda and minutes to minimize surprise and encourage preparation.
By age 50 or older, most spouses have retirement assets and real property to divide. By using an agreed financial advisor, spouses get a realistic idea of what their changed futures look like as a result of the property division. Couples can be creative with asset distribution and find that they have more flexibility with terms compared to most litigated court orders.
Divorce is stressful, even if spouses are amicable. 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.”
Privacy is another advantage. 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.
Even adult children can be negatively impacted by divorcing parents, so couples who are able to cooperate with each other, and look for opportunities for resolution instead of revenge can minimize the effects on their children and grandchildren. A collaborative divorce is structured to encourage respectful, co-parenting relationships.
As the spouses separate and transition, they need to preserve as much of their income and assets as possible since there will be ultimately 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 minimize costs. Collaborative divorce benefits spouses because of its efficiency and cost-effectiveness in comparison to litigation.
Members of JHDJ Law spearheaded a joint effort with the Indiana State Bar Association’s Women in the Law Committee inaugural entitled “Lady Justice” on Saturday, March 26. The event was an educational program for the Girl Scouts of Central Indiana and took place at Indiana University School of Law – Indianapolis with the help of 15 volunteer attorneys and judges.
Seventy-five Girl Scouts in third, fourth, and fifth grades participated in the program, with 23 troop leaders and parents. The
Scouts completed projects, listened to a panel discussion, shared lunch and watched a mock trial. Their participation will culminate in the Scouts earning a “Lady Justice” badge.
One of the projects combined jewelry-making with a lesson in civil rights. Each bead used to make a bracelet represented a civil right, such as the right to counsel in criminal matters. The second activity focused on setting goals and making smart decisions, and involved the Scouts drawing pictures of themselves at age 15, 25, and 50. During this activity, the volunteer attorneys and judges explained to the girls how to prepare for college and a career in law.
The panel discussion offered an opportunity for the attorneys to share their perspectives on being a female in a male-dominated career field. Marion Superior Court Judge Cynthia Ayers shared her experience of becoming a judge and the Scouts were encouraged to ask questions about the challenges of a legal career.
After lunch with the volunteers, the Scouts witnessed a mock trial for the Big Bad Wolf. The script for the mock trial was written by Jocham Harden Dimick Jackson attorney/mediator, Holly Wanzer, who is also a Girl Scout troop leader. Another member of JHDJ Law, Clarissa Finnell also volunteered. Organizers of the event noted that the firm’s founding partner, attorney/mediator Stephenie Jocham, originally suggested the idea of creating the event.
Volunteers pointed out that while the event focused on fun activities, the subject matter was taken seriously and respectfully.
“We didn’t want to dumb this down for the girls,” said Marion Superior Magistrate Vickie Ransberger, one of the organizers of the event. “They’re a lot more knowledgeable than some people might give them credit for. They care. They think about things that are important to them.”
Organizers suggested that the event could be replicated for Girl Scouts troops throughout Indiana and the country. Organizers worked closely with Girl Scouts administration to make sure qualifications merited a badge.
While the Lady Justice program is not the only law-related badge for Girl Scouts, it is the only one geared toward female-centric issues in the law and designed to encourage careers in the legal field.
Among family law attorneys, January is a peak time for new clients. The first Monday after the holiday break has even earned a nickname known as “Divorce Day”. It isn’t meant to be insensitive, but reflects the real statistics that many couples are motivated after the holidays to seek a solution to their marital difficulties.
Separations and divorce filings typically slow down in the months of November and December as spouses attempt to maintain their relationships for the sake of their families and children through the holiday festivities. However, the winter holidays can be very trying for marriages that are already experiencing serious problems. The additional stress created by financial pressures, family dynamics or unfulfilled expectations can accentuate rather than mend the cracks in a relationship. The long holiday break is often the final straw for many couples who have postponed separating. Once children return to school and spouses return to work, many are resolved to proceed with a fresh start for the new year.
Initiating a divorce may seem overwhelming, but alternatives to traditional litigation provide more options for spouses who are concerned about the emotional and financial burden of the divorce process. After the holiday expenses, some couples may not feel that they can afford to divorce, even if they are struggling with ongoing marital conflict. Remaining in an unhealthy situation can be more even more damaging, especially if parties have attempted counseling and have not been able to repair their marriages. But options such as collaborative law and mediation are methods which are often less costly, financially and emotionally, and empower couples to have more control over the divorce process. It can facilitate the transition into the next stage and help preserve the co-parenting relationship, minimizing some of the negative effects of divorce. The Family Law Practice Group at JHDJ Law offers comprehensive legal services including litigation, collaborative law or mediation for clients considering a fresh start and contemplating divorce or separation. To learn more about our services, contact 317-569-0770 or visit www.jhdj-law.com.
On December 2, 2010, Elisabeth M. Edwards and Holly J. Wanzer, attorneys and domestic mediators in the Family Law Practice Group at JOCHAM HARDEN DIMICK JACKSON, presented a seminar to fellow mediators at the Indianapolis Bar Association. The continuing education program was designed to help mediators identify and discuss potential ethical dilemmas encountered in mediation cases. Edwards and Wanzer discussed sample conflict situations and offered practical solutions while helping mediators gain a better understanding of the applicable rules.
Edwards and Wanzer are both active members of the Indianapolis Bar Association and have served in several capacities on the Executive Committee of the Alternative Dispute Resolution Section. In addition, both are trained as collaborative law attorneys and are committed to providing prospective clients with alternatives to litigating their family law cases. Edwards has indicated she has seen as much as a twenty percent increase in the number of divorce clients who are seeking options to an adversarial court battle. Mediation and collaborative law provide cost-effective options for spouses, which also helps them minimize the emotional trauma of a divorce by encouraging cooperation and negotiation. Wanzer also shared that mediation is an effective tool for other types of family law matters – not just divorce. She has recently mediated paternity cases and relocation issues.
For more on mediation, collaborative law, or the other legal services offered by the Family Law Practice Group, visit the practice areas page or call 317.569.0770, or asmall@jhdj-law.com.
Holly Wanzer, an attorney and mediator with the Family Law Practice Group of Jocham Harden Dimick Jackson has been helping law students survive law school. The latest issue of the Indiana Lawyer discusses Wanzer’s participation in the Indianapolis Bar Association’s “What You Need to Know” series, which was constructed to offer straightforward strategies and tips on topics including transitioning to law school and preparing for exams. The sessions serve as a kind of “how-to” manual to minimize stress and help students succeed. Wanzer participated in the first 2 of the 3 planned sessions for the year, with her presentations being well-received by the students. Reviews by students said Wanzer’s were “the best sessions on the subjects” of the many that were offered by the school. Wanzer volunteered her time for the clinics, even repeating the sessions for evening students. Wanzer earned her Juris Doctor summa cum laude in 1999 from Indiana University School of Law-Indianapolis, and is an active member and volunteer for the IBA, having served on the Executive Committee of its Alternative Dispute Resolution
Jocham Harden Dimick Jackson was featured on Fox59 “Female Focus” segment with Angela Ganote. We are honored to have been selected and appreciate the coverage discussing the services we offer and the motivations behind our commitment to our clients.
Carmel Family Law Attorney and Mediator, Stephenie Jocham recently discussed cases involving children and cyberbullying on “Your Time with Kim Iverson” a nationally syndicated radio broadcast which airs locally on WZPL 99.5.
Listen to the show: SSJ_on_Kim_Iverson-Cyberbullying.mp3
Ms. Jocham is a founding member of JOCHAM HARDEN DIMICK JACKSON, PC, where she practices in the areas of family law and civil litigation and chairs the firm’s Alternative Dispute Resolution section. A registered domestic and civil mediator, she focuses on mediation, arbitration and collaborative law for divorce and other family law caes. She earned her Juris Doctor from the Indiana University School of Law at Indianapolis and her undergraduate degree from Saint Mary-of-the-Woods College. She is a frequent author and speaker on family law issues, including cyber speech and the liability that can result when people express themselves online.
JOCHAM HARDEN DIMICK JACKSON, PC, is a Carmel law firm providing personalized service with a responsive and compassionate approach. Experienced attorneys offer assertive advocacy for clients complemented by a philosophy focused on minimizing conflict and negotiating resolution. The practice assists clients in all areas of family law, adoption, mediation, and business litigation. For more information, please contact Amber Burton Small at 317.569.0770, or visit http://www.jhdj-law.com.
