Huffington Post > Facing Divorce in an Uncertain Economy with Collaborative Law

Posted on July 24, 2013

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From Curtis Harrison, Esq.:

While some may be able to achieve a “kitchen table” solution, for most folks, the issues are too complex to resolve without guidance. But that guidance doesn’t have to come from a trial attorney. You and your spouse can choose to keep your divorce out of the hands of judges through a process known as Collaborative Law. There are several compelling reasons why Collaborative Law may be the right tool for those concerned with their financial resources:

1. In traditional divorce litigation, both the husband and the wife can waste thousands of dollars preparing for a contested final trial that usually does not take place. Why? Because the vast majority of litigated divorce cases wind up settling prior to trial.
In collaborative cases, 100% of every dollar spent is dedicated toward achieving the goal of settlement. 0% is spent preparing for trial.

2. In traditional divorce litigation, both the husband and the wife can waste hundreds, if not thousands, of dollars with their lawyers fighting over what documents will or will not be produced to the other side. Why? Because the goal in litigation is to beat the other side; and one way to do that is to resist producing documents and information during discovery in the hope of bushwhacking the other party at trial.

In collaborative cases, the parties exchange documents freely, informally, and inexpensively. Transparency is paramount.

3. In traditional divorce litigation, both the husband and wife can waste thousands of dollars by hiring competing expert witnesses to value businesses, trace assets, or make recommendations regarding custody of the children or possession of the children. Why? Again, the goal is to beat the other side, and another way to do that is to hire experts to do battle either at the negotiating table or at trial.

In collaborative cases, experts are jointly engaged and serve as neutrals. They don’t take sides or play favorites. For most cases, no more than one neutral financial expert is needed. So there are generally no competing opinions do battle. If a second opinion is desired, they too can be jointly engaged.

Read more at the Huffington Post.

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