Divorce is different. Although the traditional adversarial litigation model works well in some areas of the law, "zealous advocacy"
can produce profound detrimental side effects in divorce cases.
Especially when children are involved, full-scale adversarial war can require tactics that are destructive to the children, the spouses, and to their financial well-being.
When contested divorces are fought as battles to be won, there can be no real winners.
98% of cases are resolved without having a
judge make the decisions BUT these settlements are often made on
the eve of the trial - after substantial amounts of time and money have
spent preparing for trial.
In the course of such
preparations, parties engage in an adversarial litigation process that
is often intrusive, combative, embarrassing. It has a corrosive effect
on the families involved. The
negative impact can have long-lasting effects. A divorced couple
has a relationship that continues after the litigation is concluded,
whether it be financial or parenting their children after the divorce. That's why more and more parents are turning to Collaborative Divorce law.
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