Divorce Without Dishonor

    It is well settled in Maryland Law that there is a strong presumption that child custody will generally be awarded to a natural parent over a third party. The following Maryland Court of  Special Appeals case illustrates that there are exceptions to this "rule" and  the case serves as a good reference to understanding the legal issues and standards that were applied and  factual determinations made in this particular case. Karen P. v. Christopher J.B., 163 Md. App. 250, 878 A.2d 646 (2005)

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I do. www.mikethelawyer.com

    A lawyer who practices collaborative family law is specially trained and has practiced law for at least five years. During that time, the lawyer has focused on domestic relations — family law.

    Lawyers practicing collaborative family law commit to the process as well as its outcome. They receive special training and education that encourages mature, co-operative and non-combative behavior. They treat both parties as participants in the settlement team. And they formally pledge not to take the case to court.

    Lawyers who practice collaborative law protect the privacy and dignity of all involved in the process. They uphold standards of integrity and, if inconsistencies and miscalculations occur, seek to correct them.

    Collaborative law practitioners expend as much effort working toward settlement of your case as they would to prepare for and conduct a trial. As needed, they provide complete, honest and open disclosure of all relevant information with the required oaths and documentation. Usually, however, they do this without formal proceedings. If an impasse arises, they may suggest that you bring in a neutral third party as a mediator.

     A wonderful message from George Carlin:
 
     The paradox of our time in history is that we have much taller buildings but much shorter tempers, wider freeways, but narrower viewpoints. We spend more, but  have less, we buy more, but enjoy less. We have bigger houses and smaller families, we have more conveniences, but less time. We have more degrees but less sense, more knowledge, but less judgment, more experts, yet more problems,  more medicine, but less wellness.
 

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     Ninety to 95 percent of all legal actions eventually settle out of court before trial. Many reach settlement only after years of financially and emotionally draining adversarial negotiation and trial preparation. Collaborative law — the practice of settling cases without court intervention– provides an alternative. By encouraging mature, cooperative and non-combative behavior and agreeing to avoid litigation, an environment is created where both parties and counsel are committed to reaching an efficient, mutually agreeable settlement — out of court.

     In my humble opinion, this is the way it should be. We don’t raise children in court rooms and the litigation process is anything but "child friendly."