Monday, April 20, 2009

Long Term Divorce

The 6 day trial lasted more than 5 months. The Family Part decision took more than 10 months more. The appeal was not argued until more than 16 months later. The Appellate Division opinion was not issued until more than 6 months later.  Assuming the pre-trial period was only 12 months, this case lasted more than 4 years.   "In this intensely contested matrimonial case...[the ] parties presented theirrespective positions in the course of a six-day trial that commenced on March 28, 2006, and ended August 16, 2006. Judge Cassidy addressed and disposed of all the issues raised by the parties in a memorandum of opinion dated June 29, 2007.   After reviewing the record, and in light of prevailing legal standards, we affirm."Marchev v. Marchev, March 16, 2009."
The above is the decision of a divorce case in New Jersey that lasted more than 4 years. The emotional and financial costs must have been staggering. Moreover, the final decision of the issues was decided by a judge, not the parties. Perhaps, both were not satisfied. In Collaborative Divorce and  Divorce Mediation, the parties are in control of all decisions at all times.




Wednesday, December 17, 2008

Welcome To My Blog

Welcome. I am a Family and Divorce Mediator and a Collaborative Attorney. I started my legal career as an Assistant District Attorney in New York County (Manhattan). From there I went into private practice for myself and handled many different types of cases over the years. One thing that I learned very early on, was that Divorce and Family issues were not suited to the litigation process. Rarely was anyone satisfied with the process. Not the clients, not the lawyers, not the judge. Rarely, did anyone ever feel that they had won, or that the system was a good one for solving their family or divorce related problems.

About 10 years ago, I learned about Divorce Mediation. After taking training and practicums (like internship), I started my own Mediation Practice. At this point in my career, Family and Divorce Mediation and Collaborative Divorce are 95% of my practice. Although the process is not always easy, most people come out of it feeling that the system is a good one, and that the results were fair. That is because the decisions are made by the people involved in the case. Not by a judge, not by a lawyer, not by me. My job is just to educate and facilitate a discussion so that an agreement can be reached.

I plan to use this blog to share some of my knowledge, ideas and thoughts about divorce and related topics. I would like to get some of your knowledge, ideas and thoughts about divorce too.