Planning for Divorce
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The most important step you should take in planning for a divorce is to hire an attorney who will inform you about your options and help you make decisions for your futures. This is your divorce. The decisions you make now will have lasting effects on your children and your financial security. Now is not the time to surrender control. You want to find a lawyer who will act as a professional partner with you; one who will inform you about all of your legal options, help obtain relevant information, and explain the pros and cons of each possible option so that you can make the best decision at this critical time.
If you don’t like everything that you are hearing from the attorney, then the attorney is probably shooting straight with you. No client has a perfect case. You do not want a cheerleader or best friend who tells you what you want to hear. You need accurate information to make informed decisions. If you are contemplating divorce, you are not functioning at your best. You need a clear-thinking advocate.
Even at the initial consultation, an attorney should be able to clearly explain to you a general strategy for getting you divorced, and explain the reasons why the strategy is recommended. You should feel comfortable with the attorney and if you don’t, find someone else. Rely on your instincts.
Clients have the option of litigating or collaborating their divorce. Litigating means that your disputed issues are resolved through the court system. A collaborative divorce is an option if you want to resolve issues away from the courthouse, focus on you and your children’s interests, and have control over the outcome. The process incorporates the benefits of a neutral financial professional and mental health professional (sometimes referred to as “divorce coach”) to help you and your spouse communicate more effectively and develop and negotiate parenting and financial plans. There is a contractual agreement to stay out of court. You should inform yourself about these options in advance of seeing an attorney and consult with an attorney who is knowledgeable about both options. A lawyer who only practices family law one way cannot fully inform you and you may end up selecting a process that is not best suited for your situation. Also be cautious of an attorney who only practices in one arena and tells you that your case isn’t suited for the other; there is an obvious financial incentive on the part of the lawyer who will lose your business if he recommends an options for you that he can’t provide. For more information about the collaborative option, see the website for the International Academy of Collaborative Professionals (www.collaborativepractice.com) or the state organization in your particular state.
For more information on Jody Johnson and family law solutions, visit www.aj-familylaw.com.
By: Jody L. Johnson of Allison | Johnson
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