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Friday, December 19, 2008

Collaborative Divorce Can Save You Money

By Mike Mastracci

You're probably not looking forward to all the spending that comes along with the holiday season. It's expensive out there, isn't it? Saving money seems to be on everyone's mind these days, doesn't it? Divorce is expenses and protracted litigation can increase costs exponentially, leaving you and your spouse with staggering legal bills to contend with as you each struggle to begin a new phase of life.

In a collaborative case the parties and their respective collaboratively trained attorneys engage in a series of 4-way meetings with the goal of reaching acceptable resolutions for each spouse. It simply costs more to fight and it sure doesn't do much good when there are children involved. People are often totally shocked at the costs of divorce when everyone is in fight mode.

Most often, children of separation and divorce face a future with significantly less financial security than children from intact marriages. It simply costs more to maintain two households. Funds for school trips, enriching activities, and college are often limited or non-existent. Collaborative divorce allows you and your spouse to design a child support arrangement that meets the unique needs of your family.

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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