Yearly Archives: 2018

I Quit: Why Leaving the Collaborative Law Process Is Difficult (By Design)

Throughout the divorce litigation process, clients will ask their attorneys what the chances of success are on a particular motion or position for an upcoming hearing. Without a crystal ball, it is extremely difficult for practitioners to tell clients what will happen, so practitioners are left relying on experience – and anecdotal evidence — to estimate what may happen.  Every practitioner, however, after saying “you have a 50-50 shot at […]

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What Is Binding Arbitration?

January 12, 2018 | Alternative Dispute Resolution, Divorce, Legal Perspective

Icon for author Heather Trostle Smith Heather Trostle Smith

Binding arbitration may sound very scary to someone looking for an alternative way to resolve his or her divorce. (And, that’s on top of the already scary situation of the divorce itself.)  However, if you know what you are getting into by agreeing to arbitration, the process can have many positives over and above the more traditional process of litigating through the court system. In a binding arbitration, the parties […]

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Is Divorce Interfering with Your Family Business?

When business owners get divorced, the business may become a casualty if decisive measures are not taken. Divorcing business owners must consider how the company will be operated during the divorce process; the financial impact of divorce-related obligations, like spousal support and legal fees, on business cash flow; and the influence of rumors and conflict at work. These same considerations apply to licensed professionals, like dentists, physicians, accountants and others […]

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