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Facing Divorce in an Uncertain Economy with Collaborative Law

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BADECONOMY

These are uncertain economic times for all of us. While the outlook is slowly improving, news updates still occasionally toss around scary catch phrases like "double-dip recession," and "double-digit unemployment." And for those facing a divorce or a post-divorce modification suit, the fragile economic forecast can make an already uncertain future feel more like a double-looped roller coaster.

Take heart, because you still have options. You don't have to raise the debt ceiling just to survive this period of transition in your life. It is a matter of enlightened self-interest. You and your spouse may not be able to agree on anything else, but most couples can agree that they don't want to bankrupt themselves in the process of getting a divorce.

While some may be able to achieve a "kitchen table" solution, for most folks, the issues are too complex to resolve without guidance. But that guidance doesn't have to come from a trial attorney. You and your spouse can choose to keep your divorce out of the hands of judges through a process known as Collaborative Law. There are several compelling reasons why Collaborative Law may be the right tool for those concerned with their financial resources:

1. In traditional divorce litigation, both the husband and the wife can waste thousands of dollars preparing for a contested final trial that usually does not take place. Why? Because the vast majority of litigated divorce cases wind up settling prior to trial.
In collaborative cases, 100% of every dollar spent is dedicated toward achieving the goal of settlement. 0% is spent preparing for trial.

2. In traditional divorce litigation, both the husband and the wife can waste hundreds, if not thousands, of dollars with their lawyers fighting over what documents will or will not be produced to the other side. Why? Because the goal in litigation is to beat the other side; and one way to do that is to resist producing documents and information during discovery in the hope of bushwhacking the other party at trial.

In collaborative cases, the parties exchange documents freely, informally, and inexpensively. Transparency is paramount.

3. In traditional divorce litigation, both the husband and wife can waste thousands of dollars by hiring competing expert witnesses to value businesses, trace assets, or make recommendations regarding custody of the children or possession of the children. Why? Again, the goal is to beat the other side, and another way to do that is to hire experts to do battle either at the negotiating table or at trial.

In collaborative cases, experts are jointly engaged and serve as neutrals. They don't take sides or play favorites. For most cases, no more than one neutral financial expert is needed. So there are generally no competing opinions do battle. If a second opinion is desired, they too can be jointly engaged.

4. In traditional divorce litigation, neither you nor your spouse exercises much control over the process. You have virtually no control over the outcome. Why? Because the judge or jury makes the decisions at trial; and frequently the cases that settle short of trial actually settle as a result of emotional or financial exhaustion.

In collaborative cases, the spouses control both the process and the outcome. Texas was the first state to pass a collaborative law statute that actually strips the courts of the authority to make decisions in a collaborative case. As a result, both spouses share an incentive to operate efficiently and effectively. If they can agree on nothing else, they can usually agree that they don't want the lawyers to make off with their estate.

These are just some of the economic advantages the collaborative law model offers over traditional divorce lawsuits. The current economic climate may be tenuous and the future unknown. But if you are facing a divorce you need not climb aboard the litigation roller coaster. Consider keeping control over the process, the costs, and the outcome by learning more about the collaborative law method.