Divorce Petition to Decree Process/Path Choices

1. Uncontested Divorce

1.1 Negotiate directly with Spouse

1.2 Your attorney not actively involved

1.3 Non-Complex Issues

1.4 Non Emotional Communication with Spouse

2. Contested/Law/Adversarial Path

2.1 Temporary Hearing

2.1.1 Spouse served with TRO

2.1.2 Hearing within several weeks

2.1.3 Wait on Judges and attorneys

2.2 Discovery (Information Gathering)

2.2.1 Interrogatories (Written Questions)

2.2.2 Depositions

2.2.3 Request for Production

2.2.4 Request for Disclosure

2.2.5 Inventory and Appraisement

2.3 Custody Cases

2.3.1 Social Study

2.3.2 Access Facilitation

2.3.3 Psychological Evaluations

2.4 Mediation

2.4.1 With Attorneys

2.4.2 Without Attorneys

2.5 Final Trial

2.5.1 Trial Judge decides When

2.5.2 Little Input in Result

3. Collaborative Law

3.1 Both parties represented by attorney advocates

3.1.1 Attorneys withdraw if settlement not reached

3.1.2 Attorneys facilitate agreements

3.2 Structured Process

3.2.1 Interest Based Negotiating

3.2.2 Agree to use neutral experts

3.2.3 Agree to work outside of Litigation/Law Model

3.2.4 Discovery (Information Gathering)

3.2.4.1 Informal Requests

3.2.4.2 Inventory and Appraisement

3.2.5 Strict Communication Rules

4. Available throughout

4.1 Attorney Negotiation

4.2 Mediation

5. Compare Paths

5.1 Prices

5.1.1 $

5.1.1.1 Uncontested Divorce

5.1.2 $$

5.1.2.1 Collaborative Law

5.1.3 $$$-$$$$

5.1.3.1 Adversarial/Law Model

5.2 Client Input in Decision Making

5.2.1 Hign

5.2.1.1 Uncontested

5.2.1.2 Collaborative Law

5.2.2 Low

5.2.2.1 Contested/Adversarial/Law Path

5.3 Speed of Resolution

5.3.1 Dictated by You and Spouse

5.3.1.1 Uncontested

5.3.1.2 Collaborative Law

5.3.2 Dictated by Judge and Attorneys

5.3.2.1 Contested/Adversarial/Law Path