This may be because collaborative attorneys, unlike
traditional divorce trial lawyers, have an incentive to help the spouses get along.
Not exact matches
These types of
divorces are generally less expensive and quicker than
traditional divorces that are required to go through
trial.
In practical terms, this means that the attorneys are not conducting the usual opposition research to highlight an opposing party's parental or other flaws in preparation for
trial (which can be the most destructive part of the
traditional divorce process).
A
traditional contested
divorce is a case in which the parties can not agree and must go to
trial.
In a
traditional divorce setting, especially those that reach a
trial in court, the clients have virtually no say in the outcome as they have given that power to the court.
The typical
traditional divorce case in Oregon goes to final
trial eight to twelve months after it is filed with the court.
Though it is true that the up front fees in collaborative family law may be more than the
traditional trial divorce, the specialization of the collaborative attorneys, facilitator, and financial professional allow for tremendous cost (not to mention time and emotional) savings over the course of the
divorce.
In most cases,
divorcing spouses resolve the issues in dispute through mediation, the collaborative
divorce process, through the
traditional litigation model before
trial, negotiation between attorneys, and sometimes with the assistance of the court.
Like a joint petition, a summary dissolution allows the couple to avoid many of the procedures involved with
traditional divorce proceedings, including a
trial.