When a client hires their collaborative divorce lawyer, they must get essential documents and evidence. Otherwise, it is hard for a lawyer to advise their client on what may be fair and reasonable settlement terms.
Additionally, without the necessary documents and evidence, it is hard for the lawyer to confirm the values of specific marital property and debt. It may also be hard to devise an appropriate strategy in collaborative sessions.
What Documents and Evidence Should A Client Get Their Lawyer?
Many clients are uncertain at the outset of the representation about what they should get their lawyer. To
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Will Collaborative Divorce Work If Both Parties Are Not Fully Honest?
A collaborative divorce is an option for many individuals going through a divorce. Through a collaborative divorce, parties can sometimes resolve their divorce matter outside of court. When a divorce settles outside of court, it can reduce fees and animosity. It can also allow parties to co-parent better in the future.
Many parties should at least consider the option of collaborative divorce before engaging in litigation. Collaborative divorce will not work in every instance, but it might work in more instances than many may think.
Is Honesty Required for Collaborative Divorce to Work?
However, is it necessary that both
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Marriage counseling can lead to collaborative divorce
When a marriage is not working, many opt for marriage counseling. Marriage counseling can be a good place for a married couple to discuss their difficulties in the marriage in the hopes of resolving them.
Many couples can walk out of marriage counseling in a better place. The hope for many is that a compromise can be forged on key areas of difficulty and that the marriage can continue.
Marriage counselors that are good at what they do can get both parties talking. Marriage counselors can also help parties engage in a discourse that can lead to a better understanding
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When collaborative divorce does not work
Collaborative Divorce As An Option
A collaborative divorce is an option many parties should consider when their marriage is ending. In a collaborative divorce, parties both hire a lawyer trained in collaborative practice. They also utilize the help of experts, like a divorce coach, financial neutral and child custody professional.
The hope is that parties can resolve their divorce or family law matter outside of court. After they reach an agreement, they can submit settlement paperwork to the judge to end their case.
In some situations, however, collaborative divorce does not work. The parties may try in good faith to
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When access to courts is limited, collaborative practice can help
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
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Can you threaten litigation in the collaborative process?
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
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How affidavits can keep parties out of court
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,
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Hire a Lawyer or Work it Out On Your Own?
Many want to settle their divorce or family law matter outside of court. They want to work it out on their own and not hire a lawyer. Many ask why they should spend their 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
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We are going to work it out on our own
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
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Stock options often overlooked in divorce settlements
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
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A fair settlement should be the goal
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
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The importance of the first settlement proposal
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
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What’s a reasonable settlement?
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
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What if my spouse does not want a collaborative divorce?
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
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Neutral experts in collaborative divorce
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
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Are you too angry for a collaborative divorce?
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.
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