By the time couples get to our (family law attorneys) offices, they have typically said and done harmful things to each other, sometimes even in public and in front of the children. When relationships are in the throes of a break-up, the worst thing that can be done is to heighten the animosity between the couple. But, sadly, that is usually what the adversarial (or Court) model does. In the Court … [Read more...]
More Considerations on the “Gray Divorce”
In an earlier post, I highlighted the "Gray Divorce." Several studies have been ongoing around the country about Gray Divorces, divorces occurring in the “over 50” population. In 2014, Susan Brown, a professor and chair of the Sociology Department at Bowling Green University, called "Gray Divorce, A Growing Risk Regardless of Class of Education," in which she discussed that while education appears … [Read more...]
The Impact of Conflict on Children
I am attending the International Academy of Collaborative Professionals 16th Annual Educational Forum in Washington, D.C. Donna Hicks, Ph.D., an associate at the Weatherford Center for International Affairs at Harvard and author of the book, “Dignity,” is our keynote speaker tomorrow night. Of course, because she works primarily in the field of international relations, much of her book is about … [Read more...]
How to Have an Emotionally Safe Divorce
The Emotional Safety of a Collaborative Divorce In reading an article in this morning’s newspaper, I found a quote that sets out one very good reason why the Collaborative Divorce Process is better for most families than litigation. Litigation is what a trial is called, either before a judge or before a jury, and the rules of the game in litigation are to present evidence as to why the other side … [Read more...]
How to Divorce Without The Fight
When a family is facing a divorce, the last thing they need is a fight. Unfortunately, somewhere along the way, our society has brain-washed itself into believing that if you no longer love someone romantically you have to hate them and try to hurt them emotionally and financially. People going through divorce are flooded with negative emotions and fear, and as the data from the Project on … [Read more...]
Why is Collaborative Divorce Information Gathering Better than Discovery in Litigation?
Courts in Texas now require that each party in a marriage complete a sworn Inventory and Appraisement, disclosing the assets and liabilities in their marital estate. Clients often wonder if information gathering in a Collaborative Divorce is as good as or better than the Discovery Process in litigation. Cost Comparisons: In the litigation process, there is often an in-depth investigation of the … [Read more...]
Utilizing Interest-Based Negotiation in Collaborative Law
There doesn't always have to be a winner and loser in legal disputes. As Camille Milner explains to LXBN TV and Texas Bar TV following her presentation at the 2013 State Bar of Texas Annual Meeting, utilizing interest-based negoation in collaborative law—where the parties focus on their interests instead of their positions—can lead to both parties getting what they want. … [Read more...]
Considerations for the “Gray Divorce”
My good friend and collaborative colleague, Tracy Stewart, CPA, recently wrote an article that was published in the Chicago Tribune about considerations in a “Gray Divorce.” More and more, those of us who handle divorce are seeing couples who are over the age of 50 seeking a divorce. They have distinct needs to their age bracket, including how to manage financially until their largest asset, often … [Read more...]
A Process that Preserves Relationships
The Collaborative Divorce Method is a respectful dispute resolution process that enables parties to have an ongoing future relationship, such as family members, business partners, or employers and employees or those who simply want to end their relationship with civility. … [Read more...]
A Process that is Efficient
Unlike litigation, where the parties' resources are primarily used preparing for a trial that in all likelihood will never take place. In comparison, Collaborative Divorce uses interest-based negotiation techniques, with professionals who are specially trained to help the parties develop a customized settlement that will meet their needs and goals. … [Read more...]
