Articles

How to Have a Great Divorce

Breaking up is hard to do. But it doesn't have to be war. In fact, if you play your cards right, it can be a downright positive experience. Here's how.

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FAQ (Frequently Asked Questions) about Children and Divorce

This article discusses key question surrounding children and divorce. Learn how divorce affects your children, when you should tell a child you are getting divorced, and what you can do to help your children through the divorce period.

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Making Sense of Collaborative Law - Divorce and Conflict Resolution

This article discusses how collaborative law works and the benefits to spouses in a divorce or individuals in disputes.

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The Basics of Collaborative Family Law - A Divorce Paradigm Shift

This article discusses a new approach to divorce (Collaborative Family Law) that has the potential to drastically reduce or eliminate family law and divorce litigation in the United States.

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Collaborative Family Law

The process you select to end your marriage will have a far-reaching impact on the custodial, financial, and emotional outcome. Depending on your location, you may have the options of mediation, Collaborative Family Law (Collaborative Practice), traditional negotiation, or litigation. The following is an overview of the Collaborative Family Law process.

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Collaborative Family Law-A Journey Far Beyond Victory

This article discusses the benefits of collaborative law from the attorney's and client's perspective. The actual collaborative process is detailed in this article.

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Collaborative Revolution

In this article Chip Rose discusses the movement of collaborative law.

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Spiritual Aspects of Collaborative Law

This article explores society's adversarial system/views and how they play a part in our approach to litigation and collaborative law and conflict resolution.

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Gay Divorce? Same-Sex Break-ups

The topic of same-sex marriage is a significant "hot-button" issue for policymakers and judicial circuits at the local, state, and national levels. While the determination of procedure has remained in the domain of legislatures and courthouses, same-sex couples have continued to create long-term relationships that have resulted in intertwined lives and assets. Consequently, there has also been an increased need for assistance and direction for couples during same-sex partnership dissolutions.

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Top 10 Myths Tennessee Divorce Law

As a full-time family law attorney and mediator, with the bulk of my practice being divorce and post-divorce cases, I have found that there are a number of widely held beliefs about how divorce law works in Tennessee. Unfortunately, many of the beliefs I hear from my clients are actually urban myths, not based in reality.

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Collaborative Divorce: A Problem Solving Approach to Divorce

The biggest difference between traditional litigated divorce and collaborative divorce is the overall frame we hang around the divorce process generally.

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Conflict in Collaborative Divorce

An unfortunate myth associated with collaborative divorce is the idea that the process only works with divorcing couples that are experiencing little to no conflict or discord in their relationship.

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Collaborative Divorce's “Three Legged Stool” Approach

When I talk to potential clients about which divorce process makes the most sense for them and their family, when I discuss the option of collaborative divorce.

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The Role of the Collaborative Divorce Coach

There are typically three types of professionals (or “consultants”) who work with parties who choose to divorce using the collaborative divorce process: attorneys, financial neutrals, and mental health professionals.

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Attorney Withdrawal Provision in Collaborative Divorce Agreements

There are a number of things that set Collaborative Divorce apart from other ways of resolving family disputes, but perhaps most unique (and central) to Collaborative Divorce.

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Role of the Financial Neutral in Collaborative Divorce

Previous blog posts have discussed the fact that collaborative divorce is a team-based approach to divorce that allows parties to have the benefit of legal counsel, financial advice, and targeted emotional support both before and during the divorce negotiations.

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Helping Collaborative Divorce Clients Effectively Negotiate Beyond Just the Facts and Figures of the Case

Any dispute resolution process for families in conflict that adopts a problem-solving approach (such as divorce mediation and collaborative divorce), as opposed to an adversarial, competitive approach like litigation, understands that people (especially people who are or were emotionally connected to one another) do not negotiate solely from a place of intellectual rationalism.

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The Role of Attorneys in Collaborative Divorce

One of many myths about lawyers is that in all professional circumstances they are called to be “zealous advocates” for their clients, which is typically interpreted to mean that the lawyer is to fight for what the client perceives his or her rights to be in legal dispute.

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Roadmap of the Collaborative Divorce Process

Many of my clients choose collaborative divorce as the means by which they dissolve their marriage and move into their post-divorce lives – especially if they have children together and want to maintain as positive a co-parenting relationship as possible once they are divorced.

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The Spirituality of Collaborative Divorce

Psychologists tell us that divorce is one of the most stressful events people experience in modern society, second only to the death of a spouse

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Knowing When Collaborative Divorce is not the Best Option for a Client

While it is my bias that most divorcing couples can benefit from using the collaborative divorce process rather than going through divorce litigation, there is absolutely a subset of couples for whom litigation is the better choice.

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The Role of the Law in Collaborative Divorce

Previous blog entries here have focused mostly on the ways Collaborative Divorce is different from traditional divorce litigation and how the process takes into account the non-legal aspects of divorcing.

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Collaborative Divorce for Same-Sex Couples

With the advent of same-sex marriage across Tennessee and the rest of the United States, same-sex divorce will be an inevitable reality in the very near future.

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Pitfalls for Mental Health Coaches in the Collaborative Divorce Process

The next few posts will explore some of the pitfalls or roadblocks that can come up for each of the three types of professionals in Collaborative Divorces in Tennessee – Mental Health Coaches, Attorneys, and Financial Neutrals.

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Controlling Costs for Tennessee Divorce Clients

Legal and other professional fees can be crippling for Middle Tennessee divorce clients – sometimes running from $50,000-$100,000 or more in legal and related fees to get all the way through a contested divorce trial, especially if kids are involved.

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Decision Making in Collaborative Divorces

A previous entry here discussed a number of reasons for professionals to “rule out” Collaborative Divorce as a process option under certain circumstances.

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Pitfalls for Collaborative Divorce Attorneys

Previous posts have looked at the ways Mental Health Coaches struggle in Collaborative Divorce cases as well as the ways in which Financial Neutrals can unintentionally get in the way of solid divorce settlement agreements.

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The Importance of Solid Training for Collaborative Divorce Practitioners in Nashville

Currently, Tennessee does not have any particular certification for people who wish to hold themselves out to the public as Collaborative Divorce practitioners.

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Balancing Structure and Flexibility in the Collaborative Divorce Process

Many of the previous posts on this blog have been about how the Collaborative Divorce process and the reasons why collaborative professionals do what they do in cases to support divorcing clients.

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