Collaborative Divorce Representation Blog

In many divorce and family law cases, clients wish to settle a divorce or family law case outside of court. It is often times more private to reach an agreement with the other party by not going to court with your divorce.  The difficult for many who seek an uncontested divorce is that they do not have an agreement on all the issues in order to complete a non-contested divorce.

This is where our collaborative professionals can help.  Our trained collaborative law attorneys will do our best to help you to reach an agreement with your spouse (or the opposing party without) the stress of fighting a court battle, if that is possible.

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Latest from Collaborative Divorce Representation Blog

During the COVID-19 crisis, access to the courts is limited. Many courts were only hearing divorce and family law matters virtually. The lack of access to the courts caused many distress and concern. Many had immediate needs they needed to have addressed. It could be a divorce that could not wait. It might have been a child custody case where the parties could not agree to visitation time through consent. With courts opening back up, many are having their cases heard again. Even then, most courts are suffering from backlogs. These backlogs might mean that some cases will still not move…
In the collaborative process, parties are attempting to resolve their divorce or family law matter outside of court in an amicable manner. Parties enlist collaborative lawyers and professionals to assist them. In traditional negotiations, if parties are not making progress on settlement negotiations, one or both parties may threaten litigation if a settlement is not reached. Often, just the use of the word “litigation” or “court” can be designed to get the other party off an unreasonable position or back to the bargaining table. A question some have is whether this same tactic can be employed in the collaborative process
Parties who settle their divorce or family law matter amicably often do not want to go to court. Not going to court is one of the bonuses of settling the case. Going to court can cause some parties with lots of stress. Some parties not like the thought of being seen in court. They might not want to take time off work. Further, they worry that if they go to court, the matter will not resolve cooperatively. In a collaborative divorce, the hope is that the parties will sign settlement paperwork. In a divorce with kids, for example,…
Many want to settle their divorce or family law matter outside of court. However, versus hiring lawyers, they want to work it out on their own. Man ask why they should spend the money on lawyers? The thought makes sense on a lot of levels. If parties could settle their case on their own, maybe that would be best. But there are problems with this line of thinking for most: 1.) If parties were able to settle on their own, would they be getting a divorce in the first place? The cause of many divorce or family law…
  In any divorce, including a collaborative divorce, all marital property and debt have to be divided. In an equitable division state, marital property and debt are to be divided in a just manner when considering all the statutory factors. Stock options are often overlooked by many parties when dividing marital property and debt. Some parties might forget to include them on their financial statements inoccently. In other cases, a party might, unfortunately, fail to disclose them in hopes that the other party does not discover it. In a collaborative divorce, it is vital that both parties act in…
In collaborative practice, one goal of both parties ought to be a fair settlement. A fair settlement means that both parties generally believe that the settlement is fair and equitable for both parties. This is counter to traditional litigation where the goal is often to get the best deal possible for themselves. This is a mindset that is based on win-lose solutions versus win-win solutions. In collaborative divorce and family law, win-win is what both parties should strive for in their case. Win-win solutions help prevent future disputes and disagreements. Win-win keep parties out of court. Win-win solutions also…
The first settlement proposal in a collaborative divorce or family law matter can be critically important. Depending on that first offer, the other party to the case can decide that negotiating may bear fruit. In other words, there are some settlement offers that can be so ambitious, that the other party might decide just to walk from the table. They might decide that the offer is so unreasonable, that they might feel hurt or insulted by it. Or, they might just feel like a reasonable settlement will be impossible. On the other hand, it is true at the same time…
Reaching a settlement in a divorce or family law matter is easier said than done. For parties who are participating in a collaborative divorce, most are looking for a reasonable settlement. Otherwise, they wouldn’t be participating in collaborative practice in the first place. But to settle a divorce or family law matter, a settlement is required. That means a settlement on all issues. In divorce and family law, the issues in play might be wide-ranging. To get there, the parties have to get to a reasonable settlement. A reasonable settlement is in the eyes of the beholder. That’s a…
A collaborative divorce is a great option for those who wish to amicably settle their divorce outside of court. This is particularly true where both parties want to settle, but there is not an agreement on all issues. In some situations, one party, however, wants a collaborative divorce, while the other party does not. This does not necessarily mean that the other party wants a litigated divorce.  But, sometimes, they have other ideas in mind. They might want to hire an attorney who litigates, but who is willing to exchange settlement offers and negotiate. They might want to go…
In traditional litigation, it’s often the war of the competing experts. Whether the issues in the case are financial or custody related, both sides often enlist their own experts. At trial, this can make it more lengthy and more contested. It can cost the paries a great deal in legal costs. The judge also has to determine whose opinions and methodologies are more credible after hearing their testimony and reviewing their reports. In some cases, a business valuation might be the source of the dispute. It could be a real estate valuation regarding residential or commercial property. In a…
When a divorce begin, many are upset. The are emotional. The might even be angry. Events that led up to the divorce can cause a wide-range of emotions. These emotions can cause lots of parties to march into the courtroom to litigate their divorce. Before long, discovery has been issued. Subpoenas are flying. Depositions might be taking place. There can also be court dates from pre-trial conference, settlement conferences and eventually a trial date. For many parties, the emotions might eventually level off. The anger that might have originally been there when the case began might be giving way.…
When many are trying to resolve their divorce, they end up negotiating with their soon-to-be ex-spouse. Many prefer negotiating directly with their spouse versus hiring lawyers to help them. The idea of lawyers becoming involving just feels wrong to them. But when they start negotiating, the reality is even where both parties want a divorce, there area areas of disagreement. This can be the case even where the parties agree on “most” issues in their divorce. It could be a custody issue that hangs up the settlement. It could be that the finances are complex. It could be that…
In divorce and family law matters where custody of children is litigated, it can often present a unique set of complexities for a family court. Family court judges might start with default parenting plans or custody schedules in mind. In many cases, they might start with these schedules in most of they cases. What this can often result in is a one-size fits all approach to child custody matters. In some courts, courts might start with a general presumption of shared parenting. Other courts might still start with a presumption of a child predominately living in one home over the…
Many when they hear about collaborative practice wonder how long as it been around. “Is this a fairly new process? Has it been around a long time?  What’s the history?” These are all questions that many ask before they agree to engage in it. In part, this is because many want to know that this is a trusted process before they put their faith in it. The reality is collaborative practice has been around since 1990. It was founded by a family lawyer in Minnesota by the name of Stuart Webb. Since that time, collaborative practice has spread around…
Spreadsheeting marital assets and debt is an important part of any divorce matter. In a collaborative divorce, the parties have to divide marital property and debt in a just manner when considering all relevant factors. This is why out of the gates it is important to take an inventory of what is at stake. For many parties, this can be a cumbersome task that causes them figurative headaches. Trying to determine what marital assets and debts there are, and the value of them, is not very easy. It can feel like a scavenger hunt where they are going to various…
When individuals think about collaborative divorce, many do not realize that there is an organization that has set forth all the protocol and procedures in terms of how collaborative cases should operate. This organization is known as the International Academy of Collaborative Professionals. They are often referred to by the acronym IACP. The International Academy of Collaborative Professionals (“IACPP”) is an international community of collaborative lawyers, mental health and finance professionals. They set forth guidelines for the training of collaborative professionals. They have also established a protocol for how collaborative cases should work. In addition to the IACP, there are…