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Sunday, November 30, 2008

Collaborative Divorce Can Save You Money

By Mike Mastracci

The collaborative divorce model is starting to reach the tipping point. More and more attorneys are becoming trained in collaborative practice as a solution oriented approach to offer their clients. Collaborative divorce is appealing to many people because they view it as a way to save money that would otherwise be spent on huge litigation costs.

When you try to a void hiring an attorney to guide you through the divorce process you will usually regret it. Lack of legal knowledge and experience can result in unnecessary and expensive court delays, incorrect paperwork, missed deadlines, improperly filed documents -- in effect, a real mess. There is a reason people say that only a fool hires himself as an attorney.

Most divorces are not necessarily cheap. In fact, you may have heard the phrase, "it's cheaper to keep her." What about him though? "Cheaper to keep him," may be true too, but it doesn't sound as good. Oh well, with the holiday season upon us and given the state of the economy in general, household finances are an issue. When divorce hits, it can be a financial disaster no matter when the separation occurs.

For many, collaborative divorce allows both parties to dissolve their marriage while maintaining respect for each other and establishing positive ongoing communication. Where children are involved, collaborative divorce allows them to benefit from the continued emotional and financial support of both parents. Protecting our children from adult conflicts is something that you can't put a price on.

Collaboratively trained professionals are not only concerned about the outcome, but the process. If you have children together, you and your spouse will still have to deal with each other for many years after the divorce is final. Learning how to co-parent is an important step in learning how to act in your children's best interests.

Generally speaking, lawyers often to not require as much as an upfront retainer in collaborative cases as they might otherwse charge in a contested case. From the attorney's perspective, collaborative billing methods work well because when the money stops, so does the attorney's obligation to work on your behalf. In contested cases that are already in the court system., a lawyer must generally file a motion with the court and get permission to get out of the case, once he or she is in the case, this is not true with collaborative cases, as they are handled outsde of court.

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