Peaceful Parting

By Tracy B. Stewart, CPA, CFP, CDFA

Reprint from Today's CPA, May/June 2005

While she was traveling, Marilyn's husband, Jeff, canceled her credit cards. He also filed child endangerment charges against her. When she returned, authorities put her in a mental health care facility to protect her child. Marilyn was not insane, nor was she a danger to her child. Jeff was filing for divorce, and was legally positioning himself for control of their finances and custody of their young child.

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What if the Collaborative Law Process Fails?

When beginning the collaborative process all parties and team members sign a contract that requires the professionals to withdraw if no agreement is reached. The parties are then free to retain other counsel and proceed as they feel appropriate. Their collaborative teams are committed to assist in the transition. Because the early stages of any lawsuit are largely devoted to gathering relevant information, and the collaborative process is no exception, the parties, by agreement, can ensure that very little of the time and money expended in the collaborative process is wasted in the event that the process fails.

 

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