This fictional profile gives insight to the role that a Financial Advisor plays as a neutral in the Collaborative Divorce process. The Collaborative Divorce process is an alternative process to a traditional courtroom divorce. The process involves the divorcing parties, their legal representatives, a Mental Health Professional and a Financial Professional. The Mental Health and Financial Professionals are neutrals in the process – neither specifically associated with … [Read more...]
Advantages of the Collaborative Divorce Team
Having a team is an amazing benefit of the Collaborative Divorce process. Both parties have access to a group of professionals who can help you learn how to advocate for yourself. That is a skill that you need to take with you post-divorce, which is extremely beneficial. Maybe you haven't advocated for yourself before or have not always felt comfortable challenging opinions and decisions in the past. Maybe you haven’t advocated for your children and just accepted … [Read more...]
How Does Collaborative Divorce Assure Good Divorce Decisions?
The adversarial justice system ensures that the accused can push back, and fight allegations brought by the state. But that system rarely produces an equitable result when families go through a divorce. In many instances, one or both spouses find themselves in difficult post-divorce financial circumstances. Strained budgets typically lead to selling a family home and displacing children from school systems, friends, and the community they’ve grown to appreciate. That’s why an increased number … [Read more...]
COVID-19 Only Re-Enforces Wisdom of Collaborative Divorce – Part 4
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...]
