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Beth Silverman & Associates / Uncategorized
June 9, 2015 In Uncategorized By Beth Silverman

Cincinnati Family Law & Divorce Blog: What is Collaborative Law?

Collaborative law or collaborative practice is another option for parties who want to terminate their marriage without resorting to litigation or the adversarial process. There are several key features to a collaborative case.  Each party must engage a collaborative attorney and a participation agreement will be signed. The agreement requires (1) an exchange of complete financial information (2) the maintenance of confidentially during the process so that each spouse can freely express his or her needs and concerns, (3) a commitment to resolving the case out of court and (4) an understanding that the collaborative attorneys may not represent them if either chooses litigation. The goal of the collaborative process is to reach a comprehensive agreement on all issues so that the parties can dissolve their marriage without court intervention.   Collaborative law empowers spouses to dissolve their marriage with dignity. While each party's attorney will support him or her through advocacy,...

April 16, 2015 In Uncategorized By Beth Silverman

Cincinnati Family Law & Divorce Blog: Is Mediation Right for Me?

Mediation services are used for resolving all sorts of disputes between individuals or businesses in many different areas. Mediation is commonly used in family law as an alternative to litigation. In the Cincinnati area, there are attorneys who are trained mediators, and mental health practitioners, and individuals without any required professional licensing who act as mediators. In our law practice, we normally work with attorneys and mental health professionals as mediators.   A mediator can be engaged at various stages of a family law matter. For example, there are cases where a couple decides to end their marriage, and rather than seeking independent legal counsel, they engage a mediator to help them resolve their issues and then engage lawyers to prepare the legal documents and have the case processed through court. In other cases, a couple may each engage legal counsel and their attorneys may recommend they attempt mediation to resolve their...

October 1, 2014 In Uncategorized By Beth Silverman

Cincinnati Family Law & Divorce Blog: Should I Negotiate On My Own With My Spouse?

Attorneys are placed in a difficult position in answering a client’s question about negotiating on their own with their spouse.  On the one hand, we want our clients to make their own choices and, contrary to popular perception, don’t want clients to incur legal fees unnecessarily.  On the other hand, we cringe when we hear that a client has reached an agreement with their spouse without understanding their legal rights or the significance of the decision. A problem arises when a couple has done their own negotiation and then brings that agreement to their respective attorneys.  Once the clients receive legal advice, if they no longer want to abide by their earlier agreement, it can create a large obstacle to further settlement discussions.  Rightly so, one party may have felt the right to rely on the other person’s representation and will invariably mistrust a lawyer who has dissuaded their client from...