Traditional Divorce

Traditional divorce methods follow a track similar to all litigation, such that the rules and procedures are much like that for resolving an automobile accident dispute, a contract dispute, or a thorny real estate issue.

With traditional divorce methods, negotiation can and very frequently does go forward throughout the litigated process. But from the moment of the filing of the Summons and Complaint from which a divorce is sought, the parties move inexorably towards a day of judgment, a date after which the failure to resolve the dispute on their own terms will ultimately result in a judge imposing conditions upon them according to that Judge’s view of the law and equities pertaining to their particular situation.

The “discovery” process proceeds through a series of legal documents served by one party on the other with deadlines for the responses and the providing of the information set by the court. Conferences are held that involve court referees and sometimes the judge. Depositions are conducted under oath. Subpoenas are sent to gather data, identify witnesses, and prepare for each party to prove its case. And ultimately, in the absence of an eleventh hour

The “discovery” process proceeds through a series of legal documents served by one party on the other with deadlines for the responses and the providing of the information set by the court. Conferences are held that involve court referees and sometimes the judge. Depositions are conducted under oath. Subpoenas are sent to gather data, identify witnesses, and prepare for each party to prove its case. And ultimately, in the absence of an eleventh hour compromise, a trial is held before a judge to determine each party’s respective rights and obligations.

For some, the prospect of face-to-face meetings with the estranged spouse is too much to bear. Issues of distrust or failures of communication that caused the marriage to fail in the first place provide legitimate worries about whether or not the collaborative process will work. Parties sometimes also feel concern that they will “lose” their original attorney in the event that the collaborative process fails. For others, the prospect of a more civil process draws parties to the bargaining table to seek a more satisfactory resolution to that next phase of their lives – where what is “best” for the parties and more importantly for their children arises as the result of hard work, patience and fair dealing,

Those who favor collaborative law refer to is as a method by which divorcing parties seek an amicable solution to their marital difficulties that leaves participants greater voice in their own destiny, seeks to preserve assets and relationships and terminate the marriage with dignity. Where that can indeed be achieved, isn’t that tempting?