Divorce Forms for Nevada Divorce by elr19293

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									     COLLABORATIVE PRACTICE
   Family Law Brownbag Lunch 2/12/08
     Presented by Jay Goodman, Esq.




2019 Galisteo, Suite C-3    Tel: 505. 989.8117
Santa Fe, NM 87505           Fax: 505. 989.3440
         http://www.jaygoodman.com
              jay@jaygoodman.com
What is Collaborative Practice

     – legal advice
     – full financial disclosure
     – counseling support
     – neutral financial advice
     – neutral child development advice
    Standard/Traditional Divorce
   Marriage is contemplated by the law as a
    civil contract, for which the consent of
    the contracting parties, capable in law of
    contracting, is essential.
         No Fault Divorce?
  On the petition of either party to a marriage,
  a district court may decree a dissolution of
  marriage on any of the following grounds:
 Incompatibility;
 Cruel and inhuman treatment;
 Adultery; or
 Abandonment.
Myth
             Other Myths
 All you have to do is file forms
 Its easy
 One size fits all
 Lawyers, we don’t need no stinkin’ lawyers.
Reality
  Pros and Cons
Transitional Models
Why Collaborative Practice?
              The average
                collaborative divorce
                is completed in 24
                WEEKS or less; the
                average litigated
                divorce takes 17
                MONTHS or more.
     IACP Collaborative Practice
    Cumulative Results 10/15/06-
              10/15/07
    4 yrs college degree+ Men, 81% Women 72%
   Income: Men, 100K+ 51-59%; Women 54,500- 67-73%
   Net Estate Value 1M+, 35%; 500-1M, 19%
   Children 80%
   Outcomes: 91% settle or Reconcile, 9% terminate
   Time: 6 mos. or less 53%, 9 mos. or more 34%
   Meetings: avg. 8, number of hours 15.1
   Survey results in their entirety:
    http://www.collaborativepractice.com/analyzesurveys.asp?
    T=FINAL_CUM
   Conventional Anecdotal Data
 50% of first marriages ended in divorce in 2002.
60% of remarriages end in divorce.
64% of unhappily married couples that remained married reported they were happy five years later.
19% of unhappily married couples that remarried reported they were happy five years later.
Children of divorce or marital conflict are more likely to divorce than children of happily married parents. (Children of divorce are 50% more likely
        to divorce than children of intact families.)
 The average divorce in America costs the state and federal governments $30,000.00 in direct and indirect costs ($125 million per million r
It costs a couple an average of $18,000 to divorce, which includes lost work productivity, relocation costs and legal fees.
9.30% of American divorces involve high conflict.
 10.60% of American divorces involve medium to high conflict.
Children in single parent families are twice as likely to develop serious psychiatric illness and addictions later in life.
The number of divorces has quadrupled from 4.3 million in 1970 to 18.3 million in 1996.

1 million children in America are involved in a new divorce annually, as of 1997.

Fatherless homes account for:
       • 63% of youth suicides
       • 90% of homeless / runaway children
       • 85% of children with behavior problems
       • 71% of high school dropouts
       • 85% of youth in prison
       • 50+ % of teen mothers 16.At least 40% of divorced women and 46% of divorced men admit divorce was the wrong decision.
The marital status with the highest suicide rate is divorced. (rather than married, never married or widowed).

America is the unrivaled world leader in divorce.
     Cross Comparisons National
    Statistics on Divorce in General
    2,230,000 marriages in 2005 -- down from 2,279,000 the previous year, despite a total population increase of 2.9 million over the same
    period.
   The divorce rate in 2005 (per 1,000 people) was 3.6
   The marriage rate in 2005 (per 1,000) was 7.5, down from 7.8 the previous year.
   In 2004, the state with the highest reported divorce rate was Nevada, at 6.4 (per 1,000).
   8.1% of coupled households consist of unmarried heterosexual partners, according to The State of Our Unions 2005, a report issued by the
    National Marriage Project at Rutgers University. The same study said that only 63% of American children grow up with both biological
    parents -- the lowest figure in the Western world.
   As of 2003, 43.7% of custodial mothers and 56.2% of custodial fathers were either separated or divorced. And in 2002, 7.8 million
    Americans paid about $40 billion in child and/or spousal support (84% of the payers were male). month in 2004, January.
   Percentage of population that is married: 59% (down from 62% in 1990, 72% in 1970)Percentage of population that has never
    married: 24%Percentage of population that is divorced: 10% (up from 8% in 1990, 6% in 1980)Percentage of population that is
    widowed: 7%Median age at first marriage: Males: 26.9
    Females: 25.3Median age at first divorce: Males: 30.5
    Females: 29Median age at second marriage: Males: 34
    Females: 32Median age at second divorce: Males: 39.3
    Females: 37Median duration of first marriages that end in divorce: Males: 7.8 years
    Females: 7.9 years Median duration of second marriages that end in divorce: Males: 7.3 years
    Females: 6.8 years Median number of years people wait to remarry after their first divorce: Males: 3.3 years
    Females: 3.1 years Percentage of married people who reach their 5th, 10th, and 15th anniversaries:5th: 82%
    10th: 65%
    15th: 52%Percentage of married people who reach their 25th, 35th, and 50th anniversaries:25th: 33%
    35th: 20%
    50th: 5%Percentage of people who have ever been married by the age of 25:Males: 32%
    Females: 50%Percentage of people who have ever been married by the age of 35:Males: 77%
    Females: 84%Percentage of people who have ever been married by the age of 45:Males: 87%
    Females: 90%Percentage of people who have ever been married by the age of 55:Both males and females: 95%Number of unmarried
    couples living together:5.5 million Percentage of unmarried couples living together that are male-female unions:89%
        Comparisons with National
           Divorce Statistics
   NCHS data: The Latest information from National Vital Statistics
    Reports, October 30, 2007
    http://www.cdc.gov/nchs/data/nvsr/nvsr56/nvsr56_04.pdf
   National Divorce Statistics by State:
    http://www.cdc.gov/nchs/mardiv.htm#state_tables and
    http://www.cdc.gov/nchs/data/nvsr/nvsr52/52_01_01_03.pdf
   US Census Statistics:
    http://www.census.gov/population/www/socdemo/marr-div.html
   Americans for Divorce Reform:
    http://www.divorcereform.org/stats.html
   Federal Statistics: http://www.fedstats.gov/
           Are we Ethical?
 The American Bar Association, now
  approximately comprised of 400,000 members
  considers Collaborative Law to be Ethical
 American Bar Association Formal Opinion 07-447
  (8/9/07) vs. The infamous Colorado Bar Ass’n
  Eth. Op. 115 (2/24/07) vs.
  http://www.cobar.org/index.cfm/ID/386/subID/10
  159/Ethics-Opinion-115:-Ethical-Considerations-
  in-the-Collaborative-and-Cooperative-Law-
  Contexts,-02/24//
         Roles of the Attorneys
    Provide information: legal rights, responsibilities
    and duties
   Make sure all legal issues are considered.
   Assist clients in assessing and articulating values,
    interests, options, and settlement packages.
   Coordinate relevant facts necessary to reach a
    lasting resolution.
   Assist in evaluation of alternatives.
   Facilitate consensus
   Finalize paperwork for submission to Court
     Upcoming learning/networking
            opportunities
    The 2d European Collaborative Law Conference, Cork
     Ireland 5/2/08- 5/3/08
    http://www.acp.ie/Invitation_r3.pdf
    NMCPG Symposium at NM Bar Center.
    IACP 2008 OCLF Annual Conference 5/8-5/10/08
    9th Annual IACP Networking & Educational Forum for
     Collaborative Professionals, New Orleans 10/17-10/19/08
    Lone Star Collaborative Training
     www.lonestarcollab.com or call Norma Trusch@713961-
     0256
Additional Resources
 •Our   Website: www.jaygoodman.com

 •Email   your questions: jay@jaygoodman.com or call: 505.989.8117

 •International Academyof Collaborative Professionals:
 www.collaborativepractice.com

 •Santa   Fe Collaborative Practice Group:www.santafecollaborativedivorce.com

 •New   Mexico Collaborative Practice Group: www.NMCollaborativeDivorce.com

 •Collaborative Divorce   by Pauline H. Tesler and Peggy Thompson

 •Other books: http://www.amazon.com/s/ref=br_ss_hs/002-3042807-
 6724867?platform=gurupa&url=index%3Dblended&keywords=collaborative+Divo
 rce
 •The spiritual Revitalization of the Legal Profession: A Search for Sacred Rivers,
 By David Hall The Edwin Mellon Press, 2005
    How Can CP Help you and your
             Practice
 Questioning the Philosophical underpinnings of Family
  Law, how it is practiced, how the public perceives us, and
  harmonizing how we serve leads to healthy introspection
 CP is visible and aimed at reversing public perceptions and
  distortions about the law, lawyers and the bench
 As the CP model is collaborative instead of competitive,
  the potential for cross referrals from other lawyers,
  Financial, and MH professionals is a bedrock principle
  which may help grow your practice.
Time to Smell the Roses
                THANK YOU!
         Presented by Jay Goodman
                       -of-




2019 Galisteo, Suite C-3      Tel: 505. 989.8117
Santa Fe, NM 87505            Fax: 505. 989.3440
         http://www.jaygoodman.com
             jay@jaygoodman.com

								
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