Collaborative Divorce practice does not allow the game playing and ego driven activities of client and lawyer so often seen in the traditional divorce. So often in traditional divorce practice I see a client's desire to punish the other spouse by gameplaying with support and/or time sharing. These desires are often cloaked by some self-serving justification. Some lawyers will run with that motivation so as not to lose the client or to appear "tough" to the client. Hostilities between the parties and their lawyers escalate to the point that the clients are not speaking to each other and the lawyers will not resolve anything with each other informally such that the most mundane problems can only be resolved by a hearing before the judge. Every time a lawyer attends a hearing there is more than likely one hour or more of time charged. The result almost always is the generation of more attorneys fees and costs than necessary. Lawyers desiring to justify their existence and "protect" their client's position must call up matters for hearings, file motions, write nasty letters, and take other actions all of which are not necessary to the final desired result - the divorce. None of the above-described actions occur in Collaborative Divorce practice. The parties and their attorneys sign an agreement which prevents such actions. Without gamesmanship by the lawyers or the clients, both are freed to pursue the fair and just termination of the marriage. The other constraint against such escalation of hostilities is the involvement of a mental health therapist in the Collaborative Divorce practice. An impartial counselor who is involved in the meetings with the clients and lawyers is able to quickly de-fuse hostilities and help the clients take the focus off ego-centered activities and place the focus on the desired result - the divorce and re-structuring of the family.
For any questions about Collaborative Divorce Practice call or email either Joe Considine or Pam Wynn.
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