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March 2018 - Voluntary, Non-Adversarial Divorce Options

Mediator Block Letters If the title of this article caught your attention, chances are your marriage or union, and therefore, your life is not the “happily ever after” you thought it would be. If you conclude that this is not a slump in an otherwise happy marital state, you may turn to divorce. For those who seek a less adversarial divorce route, there are options, namely mediation and collaborative divorce.

Both are voluntary processes that take place outside the courtroom and require cooperation and a desire on the part of the spouses to reach agreements each can live with

Collaborative Divorce
  • Each spouse is represented by a collaborative law attorney.
  • All parties sign a contract to negotiate agreements on various issues including custody, property distribution and support matters.
  • Opposing parties face each other across the mediation table and work as a unit toward a common goal along with any other needed professionals, such as accountants, financial advisors, and custody experts, among others.
  • If any party decides to end negotiations and pursue litigation, the attorneys involved must withdraw from the proceedings. Each spouse then would need to seek new counsel before proceeding, essentially starting from scratch.
  • The mediator – often an attorney trained in the mediation process – works to keep the parties focused on matters at hand and facilitate a mutually acceptable agreement between the two parties.
  • Neither spouse is required to retain an attorney, although it is recommended to help ensure each party’s rights are protected.
  • An attorney acting as a mediator will not give legal advice.
  • Mediation can potentially reduce your overall costs when compared to litigation.

While contested divorces can get heated and expensive, the great majority of divorces are uncontested, meaning the spouses reach agreement on the terms of their divorce before presenting those terms to the court for approval. Still, the alternative avenues of collaborative divorce and mediation are worth investigating. A skilled family law attorney can guide you through your options, helping you find the process best suited to your individual situation.

-Steven J. Karch, Esq

What Our Clients are Saying

The absolute BEST!!! I have a family of attorneys but needed someone local. Victor was recommended to me and words cannot describe how pleased I was with his firm. The outstanding service and attention each member of his staff gave to me surpassed any and all expectations. Victor surrounds himself with a hardworking team that he leads. I felt it was money spent wisely. I will continue to recommend Victor and his associates.

- Stephanie

Mr. Rotolo has helped me numerous times in legal matters and has continued to support and help me through countless hardships. He is dedicated to providing the best service and is a true professional. I will continue to consult with him regarding any legal issues in the future. He is a respectable, hardworking, kind hearted man and I would recommend his legal services to anyone.

- Matthew

I am an attorney and have practiced law for 26 years. I hired Vic to handle a very difficult family matter because I do not handle family law. Vic was extremely competent and obtained a result far beyond my expectations. Without his counsel my son's and family's life would have been changed forever. Thank you Vic for your good lawyering. I very much appreciate the personal attention and time dedicated to this matter. I highly recommend Vic.

- Anthony

We recently had a situation where we needed to hire an attorney. We selected Kearns Rotolo Law and I can honestly say that we were above and beyond satisfied with Vic and his team. We would absolutely recommend this firm to anyone should the need arise. We blindly picked the firm out of the phone book because I liked his ad. Now I believe that God was pointing us in the right direction. Thank you Vic and Kearns Rotolo Law for being there for us in our time of need.

- Kim

Victor's expertise, due diligence, and empathy for his client made my first experience with the law (and last) a non-stressful one. Before the case, I did my research and looked over about 20 lawyers before choosing Victor. All my sources pointed to him as the best and they weren't off even a bit. Victor treated my case like it was his own and kept me up to date with all my appointments, breakthroughs in the case, and guided me step through step in a process that I never thought that I had to come to endure. If Victor's not available Susy will go out of her way to take care you. The productivity and efficiency in that office is second to none. Thank you Victor!

- Michael