by Family Law Attorney Tom Marks
Divorce is not always possible to avoid and that we don’t live in a perfect world. It is our goal at The Marks Law Firm to help our clients through what is probably the worst time in their whole lives. We do this so our clients are clearly better off for having been our Client than they would have otherwise been, and they are better off leaving our office than when they came in to see us.So what are some of the options if you and/or your spouse are not able to reconcile or work out your differences?
Of course there is the traditional litigation model which can be very expensive in terms of money, time, emotions and family devastation. This option is sometimes unavoidable because of the issues and perhaps personalities involved. It however, should never be the first choice. If the case goes all the way to Trial it can take months if not more than a year and it can cost tens of thousands of dollars.
I have always practiced law in a collaborative way with what we call a small “c”. By that I mean that I do everything I can to help the parties and counsel work together collaboratively or amicably to save time, money and emotional/psychological trauma. I have been trained now for a number of years in Collaborative Law with what we call a capital “C”.
The difference is in the Collaborative Law with a capital “C”, the Parties sign a Collaborative Agreement that basically says they are willing to pursue a resolution of the case without the expense and trauma of litigation and the Collaboratively trained Attorneys in the case also sign the Collaborative Agreement committing to the Collaborative Process.
The Collaborative Attorneys also commit not to take the matter to Court and through the Litigation Process if the Collaborative Process fails. This removes any and all interest an Attorney might have in the Collaborative Process failing because, 1. They lose a client and 2. They do not get the work to take the case through the Litigation Process.
Essentially the Parties and their Attorneys are all committed to seeing the Collaborative Process be successful because all of them have a vested interest in seeing it succeed. In order to further the prospect of seeing the process succeed, the Collaborative Process also includes a Mental Health Collaborative Professional and a Financial Collaborative Professional. These two “Neutrals” help the team move the process forward within their spheres of expertise.
The Mental Health Collaborative Professional leads the team, insures that the Parties appropriately express their goals and expectations, and moves everyone toward a successful resolution of all issues. The Mental Health Collaborative Professional also meets with the Parties to develop the Parenting Plan if there are minor children.
The Financial Collaborative Professional compiles all of the financial data, drafts Child Support Guideline Worksheets, Equitable Distribution Work Sheets and perhaps Alimony Analyzer Worksheets as options for the Parties and their counsel to consider. Both the Mental Health Collaborative Professional and the Financial Collaborative Professional are “Neutral” and so they do not take sides.
Finally, because the Attorneys are not involved in drafting the Parenting Plan, Child Support Guideline Worksheets, Equitable Distribution Work Sheets, or Alimony Analyzer Worksheets typically, the Attorney Fees in Collaborative Cases can be substantially less than in a traditional Litigation Case.
The Attorney Collaborative Professionals are still actively involved in Providing Legal Input and Advice to their Clients and the Clients still enjoy an Attorney Client privilege with their respective Attorney.
Probably the best thing about the Collaborative Process is that the Husband and Wife are able to express their respective goals in a safe, open and professional environment while receiving both neutral input and legal advice.
They can reach an informed and very personal and specific resolution that meets their overall expectations and family needs. They can walk out of the process knowing they have each been fully heard and their goals have been met. They can move forward without the devastation which so often occurs in standard family law litigation.