Introducing a new five-part series of revealing articles focusing on the collaborative approach to divorce. At the Law Office of Ronald L. Hendrix, P.C., 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.

When a couple is going through a divorce, one of the most important initial components is to establish the assets that they have compiled together during the marriage. In a traditional divorce, when attorneys formally request this information from both parties, it is known as the “discovery process”.

The full discovery process may include subpoenas, interrogatories, depositions, and other motions regarding discovery and investigation and presentation of financial matters. It is not uncommon in a marriage for one spouse to handle all the finances, and for the other to have little knowledge of the couple’s expenses, account balances, investments, and debt. When entering into a divorce, it is important that both parties have a clear picture of their financial situation. To that end, the ultimate goal of the discovery effort is to accurately and completely identify the assets of the parties so that they may be divided in a fair and equitable manner.

Introducing a new five-part series of revealing articles focusing on the collaborative approach to divorce. At the Law Office of Ronald L. Hendrix, P.C., 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.

In the years after a divorce is finalized, sometimes couples find it necessary to make changes to their divorce decree. Understandably, individuals often choose to return to the attorney who handled their divorce to make these post-decree changes. It may come as a surprise to them that, by initially participating in what is known as the “collaborative” divorce process, it may not be an option to return to their original collaborative divorce attorney for post decree issues.

There are many situations that may arise in which an update to a decree is warranted. Whether it is a matter of terminating maintenance due to the receiving party cohabitating, clarifying how the parties will pay for college tuition, or negotiations due to one party’s desire to relocate minor children, post-decree issues such as these are relatively common. Those who choose to return to the attorney who handled their divorce case do so for several reasons. First and foremost, a returning client often feels that their attorney represented them well in their divorce, and there is no substitute for a skilled and effective attorney. Additionally, a divorce attorney is required to maintain their client files for seven years after the conclusion of a case. This means that for that length of time all the documents, financial information and personal information related to the case are readily available through the original attorney. Eliminating the need to re-compile this information saves considerable time and expense. Finally, an individual is likely to return to the attorney who has personal knowledge and the details of their case, and with whom they have previously established a working relationship and a level of comfort.

Introducing a new five-part series of revealing articles focusing on the collaborative approach to divorce. At the Law Office of Ronald L. Hendrix, P.C., 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.

When deciding to proceed with a divorce using one of the available approaches, the first step is to choose and retain an attorney. It sounds simple on the surface, but this first step may be the most important decision you will make, and your choice will certainly affect the process as well as the outcome. Prior to hiring an attorney, you may conduct research on the internet, read Google or other online reviews, or receive a recommendation from a friend, co-worker or relative. These are all excellent ways to assist you in finding a reputable attorney, and after meeting and finding an attorney you feel comfortable with, you normally retain that attorney. As you would expect, this decision is solely your own to make and should be without undue outside influence. Like you, your spouse also has the right to independently explore options and secure his or her own attorney.

Any attempt to influence your choice of an attorney is inappropriate and should be interpreted as a “red flag”. This is especially true, and an unfortunate reality, when entering into a collaborative divorce when only a handful of collaborative attorneys may be present in any geographic area. Should your spouse hire a collaborative attorney, do not be led to believe that your choices of attorneys to represent you are then limited to a select few. This is absolutely false. Beware if your spouse’s attorney claims not to do cases with a particular attorney or refuses to work with an attorney who you have already interviewed and hired, or worse yet, provides you with a list of “preferred” or “recommended” collaborative attorneys. Your spouse’s attorney only has your spouse’s best interest in mind, and is attempting to control the case, and more importantly, the outcome. There are numerous collaborative attorneys, and a list of three or four which may be provided to you is simply a “safe list” for your spouse and your spouse’s attorney. If you find yourself in this situation, you should immediately commit to choosing an experienced attorney with both knowledge of the collaborative process and extensive courtroom experience. Remember that the choice of who represents you is yours, and yours alone.