The names
and some basic facts have been changed to protect the identify of the
parties.
Mediation
success story – Michelle and Edward
Michelle and Edward came to our office with a unique
proposition. They were ready to file for divorce, but they wanted to
work out a settlement which would allow them to remain in the marital
home after the divorce, until their son graduated from high school.
Edward owned his own company. Michelle worked part time for Edward’s
business, but had predominantly been a stay at home mother. They had
been married for nearly 20 years and due to the length of the marriage
and the disparity in incomes, it was nearly assured that Edward would
have to pay spousal support to Michelle.
Had they hired separate attorneys and litigated their
divorce, Michelle and Edward, due to the spousal support and business
valuation issues, would most likely spend a year in litigation and would
have paid tens of thousands of dollars in attorney and expert fees.
Instead, during the following six weeks, we had a number
of mediation sessions. We were able to assist them in reaching an agreement
on all of their issues. We came up with a plan that would allow the
parties to remain in the house together post-divorce, but also came
up with an alternative in case it did not work out and the parties decided
to separate. They also reached an agreement on a creative spousal support
plan in which Michelle will be paid a certain percentage of the business
income. This allowed Edward to continue to operate his business without
causing him financial hardship and allowed Michelle to receive her share
of the value of the business and spousal support.
Our office
drafted a Mediation Agreement which contained all of the provisions
of the settlement. They were able to take that Agreement to another
attorney, who processed their divorce paperwork which incorporated the
Agreement. They were divorced four months after their first meeting.
Collaborative Divorce success story – Gary and Linda
Gary, a doctor, came to our office because he had discovered
that his wife, Linda, was having an affair, and he wanted to file for
divorce. Despite being angry about the affair, he wanted to complete
the divorce with minimal disruption for their two young children. Therefore,
we recommended a Collaborative Divorce. He agreed and we provided him
with the names of several collaboratively trained attorneys to give
to his wife.
Had they hired aggressive attorneys to litigate the
divorce, the civility between them likely would have been quickly destroyed
as Gary’s attorney would likely have made an issue about the affair.
This would have made conversations regarding custody very difficult.
Once his wife retained an attorney, the four of us
met to exchange information and to create a snapshot of the marital
assets. We agreed that we needed additional information regarding the
value of certain assets, which the parties obtained themselves without
the usual course of sending subpoenas or hiring appraisers.
After
several meetings, the parties reached an agreement. In spite of the
painful cause of the divorce, the parties were able to complete the
process quickly and discretely.
Amicable
Divorce success story - David and Claire
David and Claire are both doctors and had been married
for more than 25 years. Due to their high incomes, they had several
million dollars in investments, in addition to a large home and other
real estate. David told us that he wanted to keep their finances private
and we explained that a Collaborative Divorce would be suitable for
their divorce.
Unfortunately, Claire had already hired an attorney
who was not certified in Collaborative Divorce. However, the attorney
agreed to complete the divorce amicably and without formal discovery.
Instead of sending interrogatories, serving subpoenas and taking depositions,
the parties exchanged documents regarding the values of their numerous
assets. Once we had a complete picture of the marital assets, both parties
signed affidavits swearing that all of the assets were included in the
divorce.
From that
point, the parties simply agreed to divide their assets equally and
were able to draft the Judgment and obtain the divorce three months
after the Complaint for Divorce was filed.