Trying to get court settings for hearings in family law cases is a difficult proposition in normal times. Final trial dates are often available no less than 8 months, and up to 18 months, into the future, with the possibility of a continuance. And that was before the Courts closed to non-essential matters and all trials because of COVID-19. All cases set during the closure are now in need of reset and will have priority over newer cases. All hearings needed in pending cases but deemed … [Read more...]
Choosing a Collaborative Divorce Amidst Court Backlogs
The 2020 pandemic has ushered in a series of societal changes, some of which are temporary and some permanent. But regardless of which, we are all looking for ways to navigate around the different effects of COVID-19 on our daily lives. While restaurants, bars, gyms, and the like have been closed and will work to open up, the same is true of our Texas court system. For literally months as of this writing, courts in the state have been closed to only “essential” matters. Hearings and trials have … [Read more...]
COVID-19 Only Re-Enforces Wisdom of Collaborative Divorce – Part 2
In Collaborative Divorce, court access is not needed for resolution of the type of issues demanded in litigation, such as Temporary Orders Hearings, Temporary Restraining Orders, Injunctions, Discovery Fights/ Motions to Compel, Motions to Enforce, Depositions, Subpoenas, and compliance with strict deadlines in Pre-Trial Scheduling Orders, including those related to dueling experts. In Collaborative Divorce, all temporary matters and production of relevant documents are handled through the … [Read more...]
COVID-19 Only Re-Enforces Wisdom of Collaborative Divorce Part 1
The following blog posts originally appeared on the Quaid Farish, LLC. Website. As the inherent nature of the Collaborative Divorce process makes it even more suitable for divorcing parties in the COVID-19 world, CDT felt it critical to amplify the reasons. The social responsibility of sheltering in place and self-quarantining has changed much of our day to day living. In the legal world, courts initially were closed and then closed, except to emergency situations limited to physical harm to … [Read more...]
How To Prepare For a Collaborative Divorce Checklist
Divorce rates in China rose dramatically after the COVID-19 quarantine was lifted and its likely divorces will increase in the U.S. when restrictions are removed. If you are considering a divorce, there are several things you should do immediately to get prepared. Talk to Your Spouse. If possible, discuss getting a divorce with your spouse. Talk about future living arrangements, division of assets, and a parenting plan. If you are … [Read more...]
Whether Courtroom or Conference Room: Four Collaborative Techniques That Every Attorney Should Practice
While divorce may be inevitable, the path to divorce is not. And family lawyers may have more influence than we realize. Collaborative divorce provides a team of specially trained attorneys and other professionals to guide clients through the divorce process without going to court. But what if the collaborative process is not available to a client? Don’t worry. Even in litigation, there are attorneys who leverage collaborative tools to create that “good divorce” … [Read more...]
Collaborative Divorce – What You Should Know
More and more in recent years, divorcing couples have been turning to a hybrid process known in Texas as collaborative divorce, which combines a lawyer’s advocacy and legal know-how with the problem-solving orientation of divorce mediation. The process begins when each disputant hires a collaborative lawyer who will negotiate, not litigate. The parties sign a disqualification agreement stating that they will hire a different lawyer if they decide to instead litigate their … [Read more...]
Why Does Collaborative Divorce Make Co-Parenting Easier?
Undoubtedly, divorce is one of the most difficult experiences for many people. Unwinding years of being together with one person is incredibly emotional. What makes it even more complicated is finding a way to navigate down this path when there are minor children involved. Many of my family law clients struggle to meet in the middle when it comes to raising their children in separate households. I had mentioned in my previous post that marriage is the ability to come … [Read more...]
Mediation or Collaborative Divorce?
People often ask about “mediation” for their divorce when they mean no court and no fighting. But are they asking the right question? Collaborative family lawyer and mediator Julian Schwartz https://www.basharaschwartz.com/ says, “This question comes up all the time. People don’t want the courthouse divorce nightmare they have too often heard about from others.” The popular idea is that mediation is a positive, kinder experience for couples who want to amicably … [Read more...]
Tips for Staying on the High Road During a Divorce
A lot of divorcing couples express a desire to “take the high road” during divorce and the collaborative divorce process supports the couple in this desire. Often a spouse will fall short due to divorce being transactional (“I give you this if you give me that”) and emotional (“you hurt me” or “I am afraid”) and the friction this causes. Taking the high road: 1. Allows you to be the good guy; 2. Preserves dignity and is respectful to your spouse; 3. Benefits your … [Read more...]
