Bruce Law Firm - September 2023

The Hidden Risks of Collaborative Divorce A Closer Look at This Litigation Alternative

Most people getting divorced don’t want a big legal fight. Instead, they want to receive their fair share of assets, develop a reasonable co-parenting agreement, and resolve the matter with as little drama as possible. These goals can make a process in Florida called collaborative divorce seem appealing — but there are several hidden downsides. Collaborative divorce allows a couple to end their marriage without litigation. Each person has their own attorney in the process, and neutral financial and mental health experts usually round out the collaborative team. The couple and collaborative team work together to find a mutually agreeable settlement. If the couple cannot agree after negotiation, each party must dismiss their previous attorney and hire new representation. This process closely resembles divorce mediation and shares many positive benefits. Under a collaborative divorce or mediation, the participants control the outcome rather than leaving the outcome to a judge. In both cases, legal fees are usually lower than if the couple went to court. And both mediation and collaborative divorces tend to produce better co-parenting relationships than the adversarial nature of a trial.

But there are also several crucial differences between the two options. In favor of a collaborative divorce is the lower cost of hiring only one set of experts and not having to pay a mediator. But mediation often resolves a divorce faster and almost always puts the two parties on a more level playing field. Divorce litigation requires a discovery process where all facts are ascertained and available to both sides. While people participating in a collaborative divorce must agree to be open and honest with each other, there’s no legal mechanism to force compliance. It is easier for one side to hide information under a collaborative divorce. Further, if a collaborative divorce fails, the parties must start again with new representation. Building trust with new counsel takes time, and hiring two sets of attorneys is more expensive. As a result, many people feel pressured to accept an unfavorable outcome in a collaborative divorce to save time and money. In other words, most of the benefits of collaborative divorce also exist through mediation with fewer risks. Before agreeing to a collaborative divorce, ensure you have all the facts. The team at Bruce Law Firm will be glad to discuss your options and help you make the best decision about moving forward.

Have a Laugh!

Honey-Pecan Chicken Breasts

Inspired by TasteOfHome.com

Ingredients

2 6-oz boneless, skinless chicken breast halves

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1/8 tsp cayenne pepper

1 tbsp butter 3 tbsp honey

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1/4 tsp salt

1/4 tsp garlic powder 1/8 tsp black pepper

2 tbsp finely chopped pecans

Directions

1. Pound chicken with a meat mallet to 1/2-inch thickness. Sprinkle with salt, garlic powder, black pepper, and cayenne pepper. 2. In a large nonstick skillet, heat butter over medium heat; brown chicken on both sides. Cook, covered until chicken is no longer pink, about 6–8 minutes, turning once. 3. Drizzle with honey and sprinkle with pecans. Cook covered until chicken is glazed, about 2–3 minutes.

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