Collaborative divorce involves working with lawyers, but in a different way from the usual expectation.You and
your spouse each hire lawyers who are trained to work cooperatively and who agree to try to settle your case.
For example, if you wait till
your spouse hires a lawyer you may be forced into a procedure.
a Collaborative Divorce, in which two
spouse hire lawyers who act as negotiators, not adversaries, and the four people hammer out an agreement in face - to - face sessions.
When one
spouse hires a lawyer, the other spouse must do the same because no one should try lawyer pro se against an attorney.
If
your spouse hires a lawyer who is known for fighting, your divorce is not going to be quick or easy.
Even though
each spouse hires a lawyer, various other legal professionals, such as financial advisors, are shared.
Not exact matches
If they were coming to my practice then generally they did have the resources to
hire a
lawyer, or they felt that within the action they'd be able to recover fees from their
spouse.
Not willing to submit, your
spouse hires a «bulldog
lawyer,» and the battle is on.
However, if you have a very simple situation (like an uncontested divorce in which the you and your
spouse agree on most issues) or if you simply can not afford to
hire a
lawyer, you may be able to proceed on your own.
The reasons above are only a sample of why it is well worth it to
hire a
lawyer to have a separation agreement done and signed even if you and your
spouse are able to work out most or all of the terms yourselves.
Finally, if you would like to separate from your
spouse, you should
hire a family
lawyer to help you draft a marital separation agreement.
If this fails you will need to
hire a
lawyer to obtain a court order allowing for some form of substituted service (such as serving the documents on another close relative of your
spouse).
Some examples are when one
spouse threatens to take custody of the children,
hires a
lawyer with the intention to intimidate, exhibits extreme control or coerces their partner -LSB-...]
Sometimes our retroactive spousal support
lawyers will argue there was a fear of harm by the needy
spouse that caused them not to ask for support and sometimes it is for lack of resources to
hire a
lawyer and other times it is because the
spouse who needed spousal support was mislead or not told about the real financial resources of the paying
spouse.
The recent Ontario decision of Cramer v. Cramer serves as yet another lesson on why it's a bad idea: disputes often arise, both
spouses end up having to
hire lawyers anyway, and it takes a judge to re-draft the agreement to bring it in line with the law and the parties» true wishes.
If you're dealing with a difficult
spouse who's
hired a
lawyer, and if you're reasonably confident you'll both be paying your respective legal bill with no contribution from the other
spouse, unbundling can provide you a critical negotiating advantage.
Private Investigators, also referred to as «PIs,» are
hired to gather and examine evidence for
lawyers, insurance companies, and
spouses.
In arbitration, you and your
spouse, through counsel,
hire another
lawyer to serve as the «arbitrator», essentially a private judge.
To help ensure that a prenuptial agreement will be legally enforceable, both
spouses must
hire separate
lawyers.
It is you and your
spouse's right to
hire lawyers at any time.
Once a couple has choosen KCP by
hiring a
lawyer associated with the collective and asking for the process, McAlpine is often the first member of the collaborative team to meet with both
spouses to begin to address any conflict, lack of communication, or issues relating to the children.
Affordable divorce - Rather than each of you
hiring your own
lawyer who may create a more adversarial process, you and your
spouse will work with one divorce mediator who has the same interest as you - reaching a mutual agreement.
For many years, the only way to get your marriage dissolved was to have both
spouses hire expert Florida divorce
lawyers and battle it out tooth and nail.
If you and your
spouse have children and find yourselves unable to resolve your marital differences,
hiring an experienced
lawyer can be among the keys to ensuring that the divorce proceedings move as quickly and smoothly as possibly for both yourself and your children.
Later, the opposing
lawyer may subpoena your therapy records and provide them to your
spouse's
hired expert to be interpreted in a damaging way.
Hiring a
lawyer was the second step in the divorce process after one
spouse told the other the marriage is over.
People file pro se because they can't afford to
hire an attorney, or they agree with their
spouse about all divorce issues and can file uncontested, or they become dissatisfied with their
lawyer and feel they could do a better job on their own.
Each
spouse also agrees, in writing, with his or her own attorney that if the matter can not be settled, the attorney will withdraw from representation and the
spouse will have to
hire a new
lawyer to litigate the case.
A
spouse could say, «Look, I will
hire a
lawyer who is family - focused and centered on mutual needs and will work collaboratively if you agree to do the same.»
Some examples are when one
spouse threatens to take custody of the children,
hires a
lawyer with the intention to intimidate, exhibits extreme control or coerces their partner -LSB-...]
Not willing to submit, your
spouse hires a «bulldog
lawyer,» and the battle is on.
Sometimes clients will feel tempted to
hire an «aggressive»
lawyer not because they want to, but because they think their
spouse will want to.
When you and your
spouse each
hire individual
lawyers to go to court, you will each be required to pay a retainer fee up front.
If you and your
spouse decide to pursue a collaborative divorce, you will each
hire your own collaborative divorce
lawyers, who will have received extensive training in the collaborative process.
Your best bet for navigating the rough waters of your divorce from a narcissist
spouse is to
hire a
lawyer who's been down the road before.
In «the old days,» (i.e. 25 + years ago) everybody got divorced pretty much the same way: they
hired a
lawyer, served their
spouse with a summons, went to court, fought for awhile, and eventually settled or went to trial.
A court - contested divorce in Pennsylvania (where you and your
spouse each
hire your own divorce
lawyers), the legal fees alone can cost at least $ 30 - 40,000.
When the person
hires their own
lawyer, they can ensure they won't leave empty - handed, as they will have someone who can go against the other
spouse's
lawyer and fight for their rights to the assets.
After the filing has occurred, you then have a choice to complete your divorce either through each of you
hiring opposing
lawyers or through divorce mediation - that is, if your
spouse also agrees to mediate.
The instinct to
hire a
lawyer to get revenge or to make your
spouse pay is almost always a self - defeating, costly reflex.
In Collaborative Divorce, each
spouse hires his or her own collaborative
lawyer.