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Divorcepeacemaker

“On a mission to bring peace into the world”

Tag Archives: family

May 18, 2010 How To Get A Divorce

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March 19, 2010 The Best Method for your Divorce

What is the best method for our Divorce?

Generally the Collaborative Divorce process is best suited to handle divorces where there are many alternatives in regards to the division of property, in regards to the creation of a parenting plan that is best for the children, and where communication between the parties can be improved by the team coaches.

Generally the Mediated Divorce process is best suited to handle less complex divorces, undisputed custody arrangements, and to work with couples who trust and will not threaten one another.

Generally the Amicable Divorce process is best suited to handle divorces where one of the parties does not wish to retain an attorney, or the other spouse has already retained a litigation attorney but prefers to settle out of court.

Since the decision as to which method to employ must be treated on a case by case basis, it is wise to discuss your situation first with a competent professional.

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March 16, 2010 Advantages of an Amicable Divorce

What are the advantages of Amicable Divorce?

The cost of amicable divorce is generally less expensive than traditional litigation.

By attempting to settle the case out of court, there is no winner or loser, and less reason for husband and wife to be hostile with one another.

Resolution of the divorce is accelerated.

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March 15, 2010 Divorce Question and Answer of the Day

This is not an uncommon question about Collaborative Divorce.

“For my impending divorce I would like to go with a collaborative approach, a non-adversarial method that puts both parties in the same room with their lawyers and where everything is hashed out right there. No papers served, no shots fired across legal lines….all out in the open, together. Depending on your perspective, this is either an awesome progression in family law or a nightmare scenario.

So my problem is this: I’ve spoken to a collaborative lawyer, and I have her on board…but I now need to get my angry wife to agree to take on a collaborative lawyer as well and do it in a timely fashion. She’s waiting and stonewalling and doing everything BUT seeing this move forward. Now I’m getting frustrated. How can I convince her the Collaborative approach is the way to go?”

Answer: Give your wife a list of collaborative attorneys and offer to pay for a consultation or two. Hopefully she will see this as a way for the both of you to move forward peacefully with your lives.

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March 12, 2010 Divorce Question and Answer of the Day

What are the advantages of Mediated Divorce?

The couple is empowered to make their own decisions and control the pace of their settlement.

As both spouses work with the same mediator, the divorce process is expedited, and the couple is able to set the pace of their divorce.

The cost of the mediation is generally less than any of the other methods.

The couple is encouraged to communicate with one another and to resolve any future disputes  regarding the financial support of one another or the parenting of their children out of court.

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March 10, 2010 Divorce Question and Answer of the Day

What is the difference between Collaborative Divorce and Amicable Divorce?

In Collaborative Divorce, each spouse is represented by a collaborative attorney. The couple and their respective collaborative counsel enter into the collaborative agreement not to litigate in court. Additionally, mental health and financial professionals are engaged as part of the collaborative team.

In amicable divorce there is no written agreement that restricts court litigation.  Thus, litigation is always a possibility if the spouses and their attorneys are unable to resolve all the issues. Additionally, the litigation attorney(s) are not generally trained in peacemaking techniques. Although third party professionals may be brought into an amicable divorce, there is no commitment to do so as in the collaborative process.

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March 9, 2010 Divorce question of the day

What is the difference between Mediated Divorce and Amicable Divorce?

In mediation, the neutral facilitator does not represent either husband or wife as their attorney. Since neither spouse is represented, both parties are generally encouraged by the mediator to consult with an attorney.

In amicable divorce, both parties, or just one spouse, retains a family law attorney to represent their individual interests.

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March 8, 2010 Question of the day

What is the difference between Mediated Divorce and Collaborative Divorce?

In mediation, a neutral facilitator directs husband and wife through all stages of their family law process, assisting them to reach agreement on each issue.

In collaborative divorce, both husband and wife obtain their own collaborative counsel plus the guidance and support of other team members including mental health professionals, a child specialist, and a financial consultant. Additionally, the process begins by the couple and their attorneys executing the collaborative contract, not to litigate in court.

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