If both parties hire reasonable attorneys focused on settling the case, and both approach it with a peaceful attitude, then there is no reason for collaborative contracts to be signed. There are some cases where both parties are already in agreement where an uncontested divorce might be the best course of action. In the case of contested or uncontested divorce whether you hire “collaborative lawyers” or not, your case will proceed quickly towards a resolution, with a court date helping to keep the process on track.
However, when things go poorly in collaborative law, you are stuck, as discussed in previous posts, in lengthy rounds of stressful negotiations. While litigation certainly is stressful, it allows you to, when things go very wrong in settlement discussions, to essentially rip off the stress band aid all at once.
The final court date will end in a resolution, thus ending the stress of wondering what will happen. Whereas in collaborative law, when things go poorly, you are stuck for years thinking about your divorce, and have it be a dark cloud that follows you around every day for years.
Tom Brasier is a family law attorney in Portland, Oregon and is also practices family law in SW Washington. He specializes in divorce, custody, spousal support, and restraining orders.
Give us a call toll free at 1 (855) 328-9108 or locally in the Portland Metro area at 1 (503) 855-4777, or feel free to e-mail us with any question or to set up a meeting.