Collaborative Divorce Method Mirrors Reality, Replacing Fear With Relief

by Meredith G. Lewis, Esq
Certified Legal Specialist-Family Law
Certified Divorce Financial Analyst
Lewis, Warren & Setzer, LLP

For the first several years of my family law practice, I represented clients who were looking to the judicial system to make decisions regarding their children, finances and property.  These clients felt it appropriate to provide a judge who didn’t personally know anything about them with complete control over their future and that of their family.

A release of such control never seemed natural to me.

As I slowly transitioned my practice to only Alternate Dispute Resolution (“ADR”), I saw a much higher rate of satisfaction with the dissolution process among my clients.  Until 2013 my ADR practice focused mostly on mediation. At the suggestion of my friend and colleague  Shawn Weber, CFLS, I took the Collaborative training.

The training showed me that the Collaborative process and its outcome better reflected reality.  In the artificial environment of a courtroom, a judge is limited in his or her decisions by the Family Code and case law.  However, these code sections and court opinions often do not allow a judge to mirror reality.

I instantly realized during my first Collaborative case that it is a process which understands the needs of the parties.  The key moment of this realization was during the meeting addressing the issue of spousal support. Instead of plugging in numbers into a computer program to come up with an artificial support payment, we reviewed in detail each individual’s monthly budget, and allocated the combined net income appropriately.

This process insured each spouse’s necessary expenses were met, and even allowed some discretionary expenses to be covered.  The spousal support number was based on reality, and each person walked away from the meeting feeling confident he or she could financially survive post dissolution.

Best of all, their fear about the future was replaced by a sense of relief, which resulted in having control over how their lives would progress.

The team approach of the Collaborative dissolution was an invaluable tool for working with this family. As in any case, each had their own attorney for legal advice, but both also had the benefit of a financial expert providing knowledge and insight, and a mental health professional to address their emotions during the process. These are two key components which are often missing from the traditional divorce process.

The ultimate agreement and outcome of the case was one that in fact mirrored reality, allowing each individual to have control of his or her future – control that was never handed over to the impersonal judicial system.

Developing Diversity in Divorce Goal of Statewide Conference April 25-27

CPCal working to meet the needs of the modern family

Contact: Gayle Lynn Falkenthal, APR
619-997-2495 or gayle@falconvalleygroup.com

 

(SAN DIEGO) – Collaborative Divorce professionals throughout California will focus on broadening the reach of the Collaborative model to an increasingly diverse array of families at its statewide conference April 25-27 in San Francisco, California.

A team of ten members from the Collaborative Family Law Group of San Diego will take a leadership role in the conference, including attorneys, financial specialists, and mental health practitioners. They include Julie Mack, attorney/mediator and President of CFLG San Diego; attorneys Adryenn Canton, Hildy Fentin, Julia M. Garwood, Meredith Lewis, Frann Setzer, Nancy Taylor, Colleen Warren, and Shawn Weber; and financial advisor Ginita Wall.

“Our model offers a way to meet the needs of non-traditional families in the legal system,” said Mack. “It allows for flexible, respectful solutions to common family law challenges involving marriage and divorce. We strive to address the legal and psychological factors affecting a wide range of families.

“The Collaborative Family Law Group of San Diego is eager to let people know we offer them a range of choices for legal, financial, and mental health services all with the ultimate goal in mind of preserving the health and well-being of the family, however the family model is defined for them. The Collaborative model is especially well suited to addressing issues that aren’t always typical and often prove challenging in the court system.

“We urge families struggling to address these issues to give the Collaborative Process a chance. Even if they are skeptics, they have nothing to lose by giving our alternative a try,” said Mack.

The collaborative process is being used in divorce and family law, domestic partnerships, same sex marriages, employment law, probate law, construction and real property law, malpractice, and other civil law areas.

The Collaborative Family Law Group of San Diego (CFLG San Diego) is a non-profit group of legal, financial, and mental health professionals trained in the Collaborative Process offering an alternative to litigated divorce.

CFLG San Diego’s members work together to learn, practice, and promote collaborative processes for problem solving and the peaceful resolution of family law issues, with an eye toward preserving the emotional, as well as the financial, assets of the family. Its goal is to transform the resolution of family law issues through respectful, collaborative processes that protect the integrity and health of family relationships and eliminate the need for families to resort to litigation.

CFLG is online at www.collaborativefamilylawsandiego.com, and LinkedIn.

 

 

Divorce (Without The Court): Reasons To Choose Collaborative Divorce

The Collaborative Law Institute of Texas recently held its annual conference in Dallas. As part of the conference, a panel of collaborative divorce practitioners participated in a discussion on KERA Public Radio in North Texas. It is an illuminating discussion we found worth sharing with you. The discussion identifies three main reasons people seek a Collaborative Divorce.

Please listen to the discussion at this link. Do you agree with the reasons presented in the discussion? What is your experience? Share your thoughts in the comments section.