Divorce Made Simple

What We Do

 

David Fein and Sharon Count, Divorce and Family Mediators

 
  • Divorce and family mediation is a voluntary and confidential process in which a neutral third party, known as a mediator, facilitates communication and negotiation between divorcing spouses and conflicting family members to help them reach mutually acceptable agreements regarding various aspects of their divorce or conflict. The goal of divorce and family mediation is to empower the parties involved to make their own decisions about key issues such as division of assets and debts, child custody and visitation, child support, spousal support, and other related matters. Unlike traditional litigation, which involves court proceedings and decisions made by a judge, mediation encourages open communication, collaboration, and problem-solving. The mediator does not make decisions for the couple but assists them in exploring options, understanding each other's perspectives, and reaching agreements that meet their unique needs and priorities. Mediation is often viewed as a more cost-effective, efficient, and amicable alternative to litigation in resolving divorce-related and family-related disputes.

  • We provide information, resources, and guidance to individuals to help them understand and navigate the various stages and aspects of the divorce process. This education is aimed at empowering individuals with knowledge about the legal, emotional, and financial implications of divorce, enabling them to make informed decisions and better cope with the challenges that may arise during the divorce proceedings.

    Key components of divorce process education may include:

    Legal Procedures: Understanding the legal steps involved in divorce, including filing for divorce, responding to petitions, discovery processes, and court hearings.

    Documentation: Guidance on gathering and organizing necessary documentation, such as financial records, property deeds, and other relevant paperwork required for the divorce process.

    Financial Implications: Education about the financial aspects of divorce, including the division of assets and debts, spousal support, child support, and the potential impact on one's financial future.

    Parenting and Custody: Information about child custody and visitation arrangements, parenting plans, and the best interests of the child standard.

    Emotional Well-being: Resources to support emotional well-being during the divorce process, including coping strategies, stress management, and accessing counseling or support groups.

    Alternative Dispute Resolution: Education about alternative dispute resolution methods, such as mediation or collaborative divorce, as alternatives to traditional litigation.

    Legal Rights and Responsibilities: Understanding one's legal rights and responsibilities throughout the divorce process, including the importance of legal representation and advocacy.

    Our divorce education can be provided through various channels, including informational sessions, workshops, online resources, legal clinics, and educational materials. The goal is to empower individuals to make well-informed decisions, actively participate in the legal process, and transition to post-divorce life with greater confidence and understanding.

  • A parenting agreement, also known as a parenting plan is a document that outlines the terms and conditions regarding the care, decision-making, and parenting time of children in cases of divorce or separation. This agreement is typically created by parents, either voluntarily or as part of a court order, to establish clear guidelines for parenting responsibilities and decision-making after the dissolution of a marriage or relationship.

    Key components of a parenting agreement may include:

    Joint Decision Making: Specify the type of decision-making arrangement, such shared decision-making authority and physical custody (where the child will primarily reside for school purposes).

    Parenting Time Schedule: Outline a detailed schedule for when the child will spend time with each parent, including regular parenting time, holidays, vacations, and special occasions.

    Decision-Making Authority: Clarify which parent has the authority to make major decisions regarding the child's education, healthcare, religion, and other important aspects of their life.

    Communication Plan: Establish guidelines for communication between parents, including how information about the child's well-being will be shared and how decisions will be discussed.

    Transportation and Exchange: Address logistical details related to transporting the child between parents' homes, including pick-up and drop-off arrangements.

    Child Support: If applicable, specify the terms of child support payments, including the amount, frequency, and method of payment.

    Dispute Resolution: Include provisions for resolving disagreements or modifications to the agreement, such as mediation or court intervention.

    A well-crafted parenting agreement aims to provide stability, consistency, and a supportive environment for the child while clearly defining the roles and responsibilities of each parent. It is an essential document in family law cases involving children and is often submitted to the court for approval to ensure legal enforceability.

  • A marital balance sheet, often referred to as a marital property statement or asset and liability statement, is a financial document used in divorce proceedings to outline and categorize the assets and liabilities of a married couple. This document provides a comprehensive snapshot of the couple's financial situation, serving as a tool for equitable distribution of assets and debts during the divorce process.

    Key components of a marital balance sheet may include:

    Assets: A detailed list of all marital assets, which may include real estate (such as the family home), vehicles, bank accounts, investments, retirement accounts, personal property, and any other valuable possessions.

    Liabilities: A comprehensive account of all marital debts and financial obligations, including mortgages, loans, credit card debts, and any other liabilities incurred during the marriage.

    Valuation: The estimated value of each asset and liability, which may be determined through appraisal, financial statements, or other relevant methods.

    Ownership and Title: Information about how assets are owned and titled, as it can have implications on how they are distributed during the divorce.

    The marital balance sheet is a crucial document in divorce proceedings, helping divorcing couples, their attorneys, and the court system to understand the financial landscape of the marriage. It serves as a foundation for negotiating and reaching agreements on the division of assets and debts, contributing to a fair and equitable resolution of financial matters associated with the divorce.

  • A financial affidavit is a legal document that provides a detailed overview of an individual's financial situation. It is typically used in legal proceedings, such as divorce or family law cases, to disclose and document financial information accurately. The financial affidavit includes comprehensive details about the individual's income, expenses, assets, and liabilities. The purpose of the document is to provide a transparent and complete picture of the person's financial circumstances, aiding in the fair resolution of legal matters related to finances.

    Key components of a financial affidavit may include:

    Income: Details of all sources of income, including wages, bonuses, dividends, and other forms of financial support.

    Expenses: A breakdown of monthly living expenses, such as housing costs, utilities, food, transportation, healthcare, and other necessary expenditures.

    Assets: Comprehensive listing of all assets owned by the individual, including real estate, vehicles, bank accounts, investments, retirement accounts, and personal property.

    Liabilities: A detailed account of all debts and financial obligations, such as mortgages, loans, credit card debts, and other liabilities.

    Financial Accounts: Information about bank accounts, investment accounts, and any other financial accounts held by the individual.

    Financial affidavits play a crucial role in legal proceedings, especially in cases involving divorce or child support, as they provide the court with a clear understanding of the financial situation of the parties involved. It helps ensure transparency and fairness in the resolution of financial matters within the legal system.

  • Post-divorce budget planning refers to the process of creating a financial plan for individuals after the completion of a divorce. This involves carefully examining and adjusting one's income, expenses, and financial goals to reflect the new circumstances following the divorce. The key components of post-divorce budget planning include:

    Income Assessment: Identifying all sources of income, including employment, alimony, child support, and any other financial resources.

    Expense Evaluation: Thoroughly reviewing and categorizing all anticipated expenses, such as housing, utilities, insurance, transportation, child-related costs, and discretionary spending.

    Debt Management: Assessing existing debts and formulating a strategy for managing and reducing them, if applicable.

    Emergency Fund: Establishing or maintaining an emergency fund to cover unexpected expenses and financial uncertainties.

    Child-related Expenses: Planning for and allocating funds for children's needs, including education, healthcare, and extracurricular activities.

    Savings and Investments: Identifying opportunities to save and invest money for future financial goals, such as retirement or major purchases.

    Legal Obligations: Ensuring compliance with any legal obligations resulting from the divorce settlement, such as alimony or child support payments.

    Adjusting Financial Goals: Reassessing and realigning financial goals based on the changed circumstances post-divorce.

    Effective post-divorce budget planning is essential for individuals to regain financial stability, meet their needs, and work towards their long-term financial objectives in the aftermath of a divorce. It requires careful consideration of both current and future financial aspects to foster a secure and sustainable financial future.

  • A QDRO, or Qualified Domestic Relations Order, is a legal order typically issued as part of a divorce or legal separation to establish and enforce the rights of an alternate payee to receive a portion of a retirement plan participant's qualified retirement benefits. The qualified retirement benefits may include pensions, 401(k)s, or other employer-sponsored retirement plans.

    Key points about QDROs include:

    Alternate Payee: The alternate payee is usually the former spouse or dependent of the retirement plan participant who is entitled to receive a portion of the retirement benefits.

    Division of Retirement Benefits: A QDRO allows for the division and distribution of retirement plan benefits between the participant and the alternate payee. The division is typically based on a percentage or a specific dollar amount.

    Qualified Plan Requirement: The QDRO must meet specific legal requirements outlined by the Employee Retirement Income Security Act (ERISA) to be recognized and implemented by the retirement plan administrator.

    Court Approval: Once drafted, the QDRO often needs court approval before it can be presented to the retirement plan administrator. The court reviews and approves the QDRO as part of the divorce or legal separation proceedings.

    Plan Administrator: The QDRO is submitted to the plan administrator of the retirement plan, who then follows the order's instructions to distribute the specified benefits to the alternate payee.