Our attorneys are trained in collaborative law, which is an innovative approach to divorce that focuses on protecting the children and the family. In a collaborative law process, the client and lawyer work together with the other party and his or her lawyer without court intervention to share information, identify the problems to be resolved, and brainstorm solutions. Collaborative lawyers work closely with financial and mental health professionals to bring about an enduring and respectful resolution that preserves family assets and relationships. Many people who have been through this process say it helps them attain their goals without the bitterness that often accompanies divorce litigation.
In July 2016, the Uniform Law Commission (ULC) adopted the Uniform Family Law Arbitration Act (UFLAA). It can now be considered for enactment by state legislatures. Ideally, it will be enacted by all states and the District of Columbia so that there will be a uniform approach to arbitration of family law disputes across the U.S.
These are the key provisions:
Scope. Parties can agree to submit any existing or future family law dispute to binding arbitration, including division of property, a claim for spousal support, custody and child support, a claim of breach of a marital agreement or a dispute about how to implement the terms of such an agreement. A party who entered into an agreement to resolve a future child-related dispute by… MORE >
Best Lawyers named partner Nancy Fax the Trust and Estates Lawyer of the Year in DC, Maryland and Virginia. Because the publication uses peer nominations to develop its selective list, we are especially proud of this recognition. Congratulations, Nancy!
Additional Pasternak & Fidis attorneys were recognized as best lawyers in Maryland in their respective fields:
Premarital agreements get a bad rap for being anti-romantic, anti-relationship and getting a marriage off to a bad start. If they are done right, nothing could be further from the truth.
The Collaborative Process has gained traction in the last decade as a respectful way for couples to settle their divorce issues outside of court. Less attention has been given to how couples about to embark on marriage can use the Collaborative Process to develop a premarital agreement. Clients can benefit greatly if attorneys take note of how well the Collaborative Process fits this situation. In the Collaborative Process, the couple make their own decisions, staying together in the same room to discuss options to resolve their issues. They are guided in their discussions by… MORE >
In May Governor Martin O’Malley signed the Maryland Uniform Collaborative Law Act, which passed both houses of the Maryland Legislature without objection. Effective October 1, 2014, this law allows divorcing couples to craft their own agreement to protect their confidential information during the Collaborative Process. In contrast, if the parties seek a court resolution, it can be an uphill battle to protect financial information from public access.
The Collaborative Process is a voluntary process that bypasses the court system to reach dispute resolution. The parties commit to working for settlement only, without threatening court action. A collaboratively trained attorney assists each party throughout the process. In contrast to the court system, the parties and attorneys meet together to find solutions that work for both parties… MORE >