One question that comes up about collaborative law is, "How quickly can we reach a divorce?" As we were reminded, looking at an article on the subject from Fort Worth-based collaborative lawyer Dick Price's excellent blog, it's usually faster than litigation, but it might not be the get-divorced-quick solution some people want. Both Parties Must be Willing to Work Together He notes that while collaborative law follows a road map that moves couples through divorce efficiently, it's also a … [Read more...]
Do Divorcing People Have to Act Crazy?
Ever known someone who went through a divorce, and they acted like a crazy person? Bet you have. So have I. Wives who cut the crotches out of their husband’s best pants. Husbands who threw their wives’ wedding and engagement rings into the nearest lake. Wives who let their husband’s favorite dog loose on the street. As Rex Harrison – who played the King of Siam opposite Irene Dunne in the 1940’s movie “Anna and The King of Siam” – said: “etcetera, etcetera, etcetera.” Let’s face it, a … [Read more...]
Is Collaborative Divorce Right for You?
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...]
Understanding Divorce Options
If you’ve come to the decision to divorce, you come to another important decision – how will you accomplish your goal? There are several roads leading to the termination of your marriage, and the one you choose can have a significant impact on your future and that of your family. Following are options to consider: Collaborative Law In the Collaborative Law model, husband and wife and their lawyers agree in advance that no one will take any contested issue to court. The “Collaborative Team,” … [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...]
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...]
The Differences Between Collaboration and Litigation
One of the things we emphasize most in explaining Collaborative Law is that it's different from the traditional divorce process, which utilizes litigation. Here are some of what we call "process descriptors," which help establish the difference between litigation and Collaboration. In litigation: * Parties in disputes often feel intimidated, fearful, anxious, powerless, out gunned, and not in control. * The process is often focused on assigning blame or fault for problems. * The results … [Read more...]
