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.
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.