What to Expect: How Easy is Collaborative Law?

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Some people think that if you choose to work out your divorce issues and you agree to not go to court, you have elected to use a nice, simple, easy process.  While the process is generally nicer than litigation and is intended to at preserve family relationships (assuming you want or need to), it is not necessarily simple or easy.If …

Discussing Why You Want to Use Collaborative Law

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There’s an important discussion that needs to take place, but which is often overlooked, at the start of a Collaborative Law case.  People choose to use the process for many different reasons, sometimes being influenced by more than one reason.Here are some of the reasons why people choose to use Collaborative.  They are looking for: A civil, less stressful, resolution …

Is Collaborative Law Faster than Litigation?

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Is Collaborative Law faster?  Usually, BUT it’s not necessarily “fast”.The Collaborative process is deliberate.  We follow a Roadmap that is logical and efficient. At our first joint meeting, we usually explain the process, make sure everyone understands it and then get a firm commitment from everyone to follow the process.  We also discuss the goals and expectations of each party. …

Is Collaborative Law Cheaper than Litigation?

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Is Collaborative Law cheaper?  Probably.Is Collaborative Law cheap?  Not necessarily, but it’s all relative.The Players.  In Texas, each party hires their own attorney.  Then, the attorneys select a neutral mental health professional (MHP) and a neutral financial professional (FP) to work with both parties.  That sounds like a lot of expense, but keep in mind that the MHP and FP …

Does Shared Parenting Require an Amicable Relationship?

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Joint custody is easy to imagine where the parents get along even after splitting up.  What about the significant number of cases where the parents don’t like each other?  How can they work together in a shared custody arrangement?Texas law provides a presumption that parents should be in a joint custody relationship, although that does not mean 50-50 time sharing …

Is Collaborative Law a Good Fit for You?

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In a recent blog post, Adryenn Cantor, a San Diego, CA attorney included an excellent list of five questions for people to ask themselves to determine if they are a good candidate for using Collaborative Law in a divorce case.  Here are her questions: “Do you want to end your marriage with respect and integrity?  Is taking a rational and …

The Cost of a Collaborative Case: Is It Cheap? Part 2

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There’s an old joke about divorce that sometimes goes like this:Q:  Was your divorce cheap? A:  No, but it was worth it!That joke could now apply to Collaborative divorces.  They are not cheap, but, if people must go through a divorce, this process is a much better way to do it.  At the same time, there are some ways to …

The Cost of a Collaborative Case: Is It Cheap? Part I

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Some people become interested in Collaborative Law because they are looking for a cheap way to get a divorce.  They assume one lawyer can handle the process and that there will be no fighting as they come to agreements.  Unfortunately, Collaborative Law doesn’t work that. There are always two lawyers and the parties often disagree on matters, but we keep …

We Disagree Too Much to do Collaborative!

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I recently heard this as a reason an attorney gave for not using Collaborative Law for a divorce.  Obviously the attorney was not really committed to using the Collaborative process to resolve disputes in divorces and other cases and I have to respectfully disagree. 1.  Litigation won’t make the disagreements go away.  They just won’t be resolved as well as …

Why Do a Collaborative Divorce? Types of Cases

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There are many different reasons why people may choose to use the Collaborative process for their divorce.  Aside from the advantages of the process, there are certain types of issues that could really benefit from the flexibility and privacy afforded by Collaborative law.  Here are some examples. A child with special needs.  Courts usually try to do a little extra, …

What’s the Role of the MHP in a Collaborative Divorce?

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Most people think of therapists as “shrinks”.  They do psychotherapy or psychological evaluations.In Texas Collaborative Law cases, we generally use a neutral therapist or mental health professional (MHP) to work with both parties.  The MHP does not do therapy for either party.  Instead, we rely on him/her to help in many other ways.Here is a list of some of the …

Just the Facts: Starting Without Assumptions

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It is probably human nature to face the unknown by making assumptions.  That can help a person prepare for new circumstances, decisions and consequences.  Sometimes the assumptions are helpful and sometimes they are detrimental.  Either way, making assumptions is an easy way to approach a new situation.There are three areas where assumptions are commonly made when someone is facing a …