Introducing a new five-part series of revealing articles focusing on the collaborative approach to divorce. At the Law Office of Ronald L. Hendrix, we seek to educate and inform individuals who browse the internet in search of accurate information about the available divorce options. Our series on collaborative divorce is a must-read for anyone considering divorce. For more information visit our website.
The collaborative approach to divorce, when it proceeds as it is
intended, is a respectable option for completing a divorce. There are, however,
drawbacks to every approach, and collaborative law is not without its flaws. One such flaw is the tendency of
collaborative law to attract inexperienced attorneys.
As the name implies, the collaborative approach is designed for parties
who are able to work together in a non-confrontational manner toward the common
goal of ending their marriage. The
parties agree up-front to proceed with honesty and in good-faith, and so approaches
associated with traditional divorce such as courtroom appearances and
extensive, detailed collection of financial information on a case, may be
severely curtailed.
These characteristics of the approach are the very things that attract
young, inexperienced attorneys to exclusively practice collaborative law. Traditional divorce, or litigation, involves
appearing and defending a client in a courtroom in front of a judge. Through years of unique cases and familiarity
with specific judges and how they rule on particular matters, a traditional
attorney gains valuable knowledge and the ability to represent and defend a client
if matters become confrontational. Many collaborative attorneys have limited or
no courtroom experience, and are not comfortable or effective in a situation
where conflict may exist. These inexperienced
attorneys are noticeably at a disadvantage when up against an attorney with
traditional courtroom experience, and they may even avoid working with
attorneys who present a challenge.
Additionally, relying on the divorcing couple’s agreement in writing to
participate in good faith and to respect the collaborative process takes the
pressure off of an attorney. For
example, there is no requirement to request and collect extensive financial
information on the parties, known as the “discovery process” in traditional
divorce. It is not surprising that this “short cut” of collaborative divorce is
attractive to an unseasoned attorney, but nevertheless, it is an area in which
a client should want their attorney to have had experience should the need
arise to delve deeper into the parties’ finances.
The very nature of the collaborative process is attractive to attorneys
who are just starting out and who want to avoid the approaches of traditional
divorce that may entail confrontational aspects. It is crucial when searching for an attorney,
especially a collaborative attorney, that you are confident your attorney not
only has collaborative skills, but also has the experience and ability to
represent you in any situation.