If you are facing a divorce, or thinking about filing for divorce, you may have discovered that there are several different paths you can follow in a divorce. The traditional path is litigation and just about any attorney can help you with that. Some people are choosing to do it themselves, without an attorney. That can work in very simple cases. Others focus on mediation, which is a good process, but attorneys should be involved. It is most often used in litigated cases. The newest process is … [Read more...]
The Five Great Fears of Divorce
In 1941, a few months before the Japanese attack on Pearl Harbor, President Roosevelt spoke of the Four Freedoms – freedom of speech, freedom of worship, freedom from want and freedom from fear. In World War II, the Japanese army operated in China under what has come to be known as the Three All’s – kill all, burn all and loot all. Sayings need not be connected with uplifting events or good people to be remembered. They are memorable because they distill the essence of their time and tell … [Read more...]
Can You Hear Me NOW?
Divorce Coaching Can Vastly Improve Communication Can you imagine walking into court for a final hearing for your divorce case thinking you might be led away in handcuffs if you lose? That has to be a scary thought. And an outrageous one. People are almost never taken away in handcuffs at the end of divorce case. As a young lawyer, I once had a divorce case client with whom I had difficulty communicating. Because of my lack of experience, I did not recognize the highly emotional nature of … [Read more...]
5 Good Reasons NOT to Choose a Collaborative Divorce
1. You want more enemies It is true that there is no guarantee that going through the litigation process will result in your spouse being your eternal enemy and no guarantee that going through the collaborative process will result in your spouse being respectful of you forever. But, reality is that no one likes to answer detailed, accusatory questions about themselves, and those types of things can and do happen routinely in the litigation process. Both detailed written discovery and … [Read more...]
The Best Way to Divorce in Texas
What’s the best way to divorce in Texas? You have two options: a collaborative divorce or litigation. A litigated divorce offers only three benefits, including forced discovery, a restraining order against family violence and a court ordered settlement. The collaborative process offers many benefits, including privacy, lower cost, transparency, client control, convenience, preserving family relationships, protecting children, allowing creative settlement solutions and minimizing post-divorce … [Read more...]
Certification is Key to Collaborative Success
A challenging aspect to the collaborative divorce practice is the lack of expertise displayed in numerous attorneys participating in collaborative cases. At this point, any family lawyer can decide to dabble: but if the collaborative case doesn’t settle, the ripple effect greatly damages the overall process. The probability of a case terminating because it cannot reach settlement directly correlates with the lawyer’s collaborative experience and genuine commitment to the … [Read more...]
What Happens in Collaborative vs. Litigated Divorces?
There are major differences between a collaborative and litigated divorce. In a collaborative divorce, you control the outcome, your goals and interests are important, all information is shared openly, you negotiate a win-win settlement, avoid harm to your children and save money. In a litigated divorce, the attorneys control the case, your goals and interests are secondary, information is hidden, each side attempts to win, the children are often placed in the middle and litigation costs … [Read more...]
Can I Date During My Divorce?
The question “Can I date during my divorce?” comes up all the time in my practice. I tell my clients it’s not a good idea to date until the divorce is final – there are too many complications. In spite of my advice, clients do date during their divorce. Usually it’s because they’re lonely or want to feel better about themselves. After all, what could go wrong on a simple date? Lots of bad things if you date while your divorce is pending. There are strategic, legal and emotional reasons not to … [Read more...]
Pro Bono Collaborative Divorce Moves Forward in Texas
Pro Bono Collaborative Divorce has come to Texas; learn more about how it works. After two years of planning and preparation and the launching of a pilot program in Houston, Pro Bono Collaborative Divorce has finally come to Texas. Translated, this means that in a short time, the advantages of collaborative divorce will be available to clients who cannot afford to hire a lawyer to represent them. So what is Pro Bono Collaborative Divorce (PBCD), and who will be eligible to utilize the … [Read more...]
You Don’t Have to Be A Celebrity to Want a Private Divorce
For those who want to avoid the public eye — and you don't have to be a celebrity to want that — a collaborative divorce might be your best option for a private divorce. We ran across a recent article in the Collaborative Law Institute of Minnesota blog titled "Divorce in the Public Eye." It started with an acknowledgment of celebrity divorce, before moving into local public figures like "our children’s teachers, our mayors, [and our] city councilmen," as well as discussion about a current … [Read more...]
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