Divorce mediators, in contrast, explain that mediators can effectively address the power imbalance between such
traditional divorcing spouses and that the mediation process can result in a fair settlement.
Not exact matches
The collaborative
divorce process offers
divorcing spouses flexibility not available in
traditional divorce.
In the
traditional divorce process, disputes are resolved by a judge in a public courtroom; in the collaborative process, disputes are resolved by the
spouses in private conference rooms.
In the
traditional divorce process, an adversarial process dictates that
spouses are «opposing parties» and their attorneys are «opposing counsel;» in the collaborative process,
spouses are recognized as co-parents and their attorneys are collaborative colleagues and teammates.
In
traditional divorce, since each
spouse is zealously represented by their respective attorneys, it is no surprise that these proceedings are quite costly due to the extensive time involved in building a case for one's positions, often with the assistance of one or more forensic accountants or business appraisers.
Here's How the Process Works: The
traditional method of initiating a
divorce action requires your attorney to serve your
spouse with the
divorce action at your
spouse's last known address, or in hand if your
spouse can be located elsewhere.
Unlike in
traditional divorce, each
spouse will have an attorney who will focus solely on helping the family reach an agreement that is acceptable to everyone.
Unlike
traditional divorce litigation, matrimonial arbitration is conducted in private, between the
spouses, their attorneys and the arbitrator.
For over 25 years I have represented
spouses getting
divorced through the
traditional litigation model.
The
spouses then proceed as «opposing parties» in the
traditional divorce court route.
If you and your
spouse have a history of violence between you, you probably should use more
traditional methods for negotiating your
divorce.
«Leaning Out» generally describes a
spouse who is considering
divorce or not willing to work on the marriage in
traditional couples therapy, while «Leaning In» describes a
spouse who wants to save the relationship and is willing to work on it.
Instead, Discernment Counseling acknowledges the reality that one
spouse is often «leaning out» of the relationship (considering
divorce and not sure that
traditional couples therapy will help) while the other is «leaning in» (interested in rebuilding and working on the marriage).
Unlike in
traditional divorce, each
spouse will have an attorney who will focus solely on helping the family reach an agreement that is acceptable to everyone.
This may be because collaborative attorneys, unlike
traditional divorce trial lawyers, have an incentive to help the
spouses get along.
However, it is a reasonable alternative to the
traditional divorce court battles and has the potential to save
spouses a great deal of money.
Where common law marriages are recognized as legal, they must end in the death of one
spouse or by
divorce, just like
traditional marriages.
I suggest you tell your
spouse that
divorce mediation is cheaper and faster than a
traditional divorce.
Most serious practitioners of matrimonial law now recognize the limitations that the
traditional judicial system has to offer
divorcing spouses.
Like other alternatives to the
traditional litigated
divorce, collaborative
divorce is a more dignified way of separating that allows the
spouses, the children, and even the assets, to emerge healthy.
In the
traditional divorce action, each
spouse normally retains his or her own attorney.
Adversarial
Divorce: In an adversarial divorce, you and your spouse each hire an adversarial, traditional attorney to fight f
Divorce: In an adversarial
divorce, you and your spouse each hire an adversarial, traditional attorney to fight f
divorce, you and your
spouse each hire an adversarial,
traditional attorney to fight for you.
Unlike most states, you and your
spouse don't have to resolve all issues to end your marriage, but you must live separate and apart from each other for at least a year to get a
traditional divorce.
If a
traditional lawyer - negotiated
divorce would cost you (in round figures) $ 4,000, and instead, you spend $ 2,000 on mediation (which you split 50/50 with your
spouse) and $ 2,000 on legal services, your total cost would be $ 3,000.
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.
In those cases in which mediation, collaborative
divorce, or other alternative means of dispute resolution are not viable alternatives,
spouses will litigate their
divorce in the
traditional manner.
Traditional couples do exist, but these
divorcing spouses can still use the mediation process effectively.
Traditional divorce defines
spouses as adversaries, courtrooms as battlefields, and lawyers as gladiators.
By
traditional, I mean
divorcing couples who seek out attorneys that will «fight for their rights» to make sure they get the best deal in the
divorce, even if it means their
spouse will suffer as a consequence.
This means that, unlike the
traditional divorce process,
spouses in the collaborative process are not seen as «opposing parties» but as teammates.
If both you and your
spouse are motivated and ready to move forward, Collaborative
divorce tends to take less time and cost less money than litigation or more
traditional negotiations.
But, if the
traditional divorce court process has been making you miserable, chances are it has also been just as devastating to your
spouse, and so he or she may be open to trying something different.
Although
divorce litigation is viewed as the
traditional route for couples who are parting ways, it can increase tensions between the parties and make already contentious
spouses even less civil for several reasons.
Traditional divorce litigation is a process that, by the nature of the design, tends to bring out the worst in parents and
spouses.
Unlike the
traditional litigated
divorce process that is finalized by a judge in court, mediation lets you and your former
spouse maintain control of your separate futures — and maintain control over your children's future and your relationships with them.
If one
spouse is unwilling to compromise or participate in the
divorce process,
traditional litigation may be preferable.
In the
traditional, adversarial, litigation based
divorce process the enemy is typically defined as your
spouse.
A Crystal Lake high net worth
divorce lawyer can help them if there is a substantial amount of money in the marriage that will need to be evenly split between the
spouses through the
divorce process, whether
traditional or collaborative strategies are used.
Open and Full Disclosure by both you and your
spouse, unlike in
traditional litigation, is required by the Collaborative
divorce process to provide each other full and honest disclosure of all relevant information.
The
traditional litigated
divorce is often what most people imagine when they picture
divorcing spouses.
Logistically, the
traditional divorce process may be complicated if one
spouse is deployed or on active - duty.
Unlike in a
traditional divorce case, where each spouse may hire and pay for his or her own financial advisor to work exclusively with that party, a financial professional in a Collaborative Divorce is completely n
divorce case, where each
spouse may hire and pay for his or her own financial advisor to work exclusively with that party, a financial professional in a Collaborative
Divorce is completely n
Divorce is completely neutral.
Mediation is a cost - effective alternative to the
traditional divorce and, when both
spouses are well prepared, can result in an efficient
divorce.
While collaborative law is not usually the least expensive
divorce process, it affords you and your
spouse much greater privacy, flexibility, and control than
traditional litigation.
You can file for
divorce and serve your
spouse the
traditional way.
Unlike in
traditional litigation, the
spouses in a collaborative
divorce are able to set the pace of the process and are not tied to the schedule of the court.
Collaborative
divorce is a subset of collaborative practice in which
spouses can obtain a
divorce outside of the
traditional process of litigation.
Unlike
traditional litigation, the
spouses in a collaborative
divorce are able to set the pace of the process and are not tied to the schedule of the court.