Category: Uncategorized

Recently, another divorce attorney made a profound comment about the practice of divorce law: “So many litigations settle before trial, I consider my litigated cases to be another opportunity to collaborate. In fact, I see them as another form of collaborative.” What a revolutionary idea! This attorney and I were on opposite sides of a very intensely litigated divorce. Like most divorce cases, it settled before trial. Both of us brought our collaborative skills to the negotiations, and we both had a collaborative attitude. Despite the hotly contested issues in the case, we were able to collaborate to the extent that the divorcing couple, the Judge and the circumstances made it possible do so. We were able to preserve more of the couple’s financial resources than would have been possible if the case had gone to trial, followed by the inevitable appeal. When it is necessary for a divorce litigator … Read More...

Co-parenting during the holidays is often fraught with difficulty, even many years after a divorce. For couples who choose to divorce the collaborative way, however, the stress of the “holiday shuffle” is reduced, if not eliminated. The collaborative process allows the divorcing couple to structure a holiday plan for the children tailored to the needs of their specific situation. Because both parents have played an active role in the process – working in partnership with each other and their attorneys – both parents have a sense of ownership of the holiday plan. They are less likely to resist it or try to undermine it each year when the holidays come along. Moreover, some flexibility can be incorporated into the plan when negotiating collaboratively. This points out one of the most important reasons to consider a collaborative divorce. When a couple has had children together, there is going to have to … Read More...