Embarking on the journey of divorce is undeniably challenging, and choosing the right approach can make a significant difference.  At Berner Law and Mediation Group, we firmly believe in the transformative power of mediation.  Beyond facilitating a smoother separation, mediation offers valuable tools for creating self-determined solutions that lead to fewer post-judgment issues. The process of mediation is one of self-reflection, creativity, and an exercise of shared understanding.  The process offers guidance to generate options about future parenting and cash flow, and in so ..read more

There has been a recent shift in employer compensation packages to attract and retain employees, particularly in the corporate world.  These various forms of compensation can include not only salary and/or bonuses but also restricted stock units, stock options, profit-sharing, long-term incentives, or a combination of more than one.  When dealing with the separation of finances, it is crucial to understand your and your spouse’s forms of compensation to explore their implications in a divorce fully. A relatively recent method of employee compensation is restricted stock options, or ..read more

Divorce rates have increased exponentially for couples divorcing over the age of 50, a phenomenon known as “grey divorce.”  When it comes to older couples, the challenges and considerations differ significantly from those faced by their younger counterparts.  After decades of shared assets, retirement accounts, and estate planning, unraveling the financial web can be overwhelming.  Older adults are more likely to have pensions, 401(k)s, IRAs, and other retirement accounts that are either in payout status or being withdrawn to cover basic needs rather than used for future saving ..read more

A crucial element of the mediation process necessitates an appreciation for breaking apart every piece of information and creating jigsaw puzzle pieces that may not be put together until all of the pieces are created.  This can be frustrating as there may not be an ability to reach a resolution about certain topics without a fuller discussion about another topic. Therefore, things can seem continuously unresolved.  However, the cyclical nature of mediation is a crucial aspect of a successful process. The primary categories in any divorce are two-fold: children and finances. Within t ..read more

Mediation and collaborative divorce allow couples to resolve their differences and reach mutually satisfactory agreements without going to court.  There are times when parties are tempted to initiate a court proceeding to protect the accumulation of assets, to shield post-separation income, and/or to fix what would be considered marital or separate property or debt.  Often, one spouse consults with an attorney and is told that the best course of action to protect themselves is to file a divorce, which will protect their interests.  The other spouse is then “served” with court-i ..read more

Divorce is a complex and emotionally challenging process, particularly when children are involved.  As parents move forward in their lives, they may find themselves entering new relationships.  However, introducing a new significant other to children during or after a divorce requires careful consideration and sensitivity.  Timing plays a crucial role when it comes to introducing a new partner to children.  Rushing the process can overwhelm the children and cause unnecessary stress.  It is important to ensure that your children have had sufficient time to adjust to th ..read more

  Conflict will inevitably arise at work. It can result from a number of things, including personality conflicts, miscommunication, and rivalry for scarce resources. Conflict in the workplace can result in less productivity, more stress, and even attrition if it is not appropriately managed. Here are some suggestions for handling disagreement in the workplace:         Remain cool and collected: When handling confrontation, it’s crucial to control your emotions. Responding out of rage or irritation will just make things worse. Breathe deeply, count to 10, and endeavo ..read more

As we enter the warm and sunny days of summer, parenting time should create positive and lasting memories.  With open communication, planning, flexibility, and prioritizing best interests of the children, parenting time can be maximized to create an enriching summer experience for both parents and children. Effective communication is vital in any co-parenting relationship, but especially during the summer season because schedules and events can be unpredictable.  Maintaining open communication ensures that both parents are aware of any changes to plans and can make adjustments if ne ..read more

Cash flow is an important topic that needs to be addressed when couples are going through a divorce.  Figuring out how two people who once lived together in one household will now maintain two households while providing an adequate standard of living for their children (and preferably the same standard as much as possible) is challenging. A strictly legal approach is top-down.  The strategy examines the parties’ incomes, applies a statutory calculation based on percentages of those incomes, spits out a monthly payment, and expects compliance.  Of course, arguments could be made ..read more

Divorce is an emotionally challenging time that often involves dividing assets, including the marital residence.  Determining what to do with the family home can be a complex decision, but fortunately, there are several options available for couples seeking to untangle their lives and move forward. Sell the Marital Residence: One of the most straightforward solutions is to sell the marital residence and divide the proceeds between both parties.  This option can offer a clean break and provide financial independence for both individuals.  Selling the property requires an apprais ..read more