You have choices.
And lawyers who can help you utilize them to your benefit.
Successfully managing a family transition is really a matter of planning for the next stage of life. The way you do it should answer one critical question: Does it effectively point you and your children to the future?
At Gaynor Law, we tailor your process to your circumstances and needs. Our lawyers are skilled practitioners of collaborative law, mediation, and litigation. We draw on our considerable experience in exploring with you the approach that will best accomplish your goals. We take the task of matching you and your process seriously, since it can determine how well you will fare—both now and in the years ahead.
Select the option that offers the best result for you.
Many individuals today are seeking a way of divorcing that minimizes damage and conflict, that enables you to control the outcome without court intervention, and helps to preserve assets, dignity and privacy. Collaborative law has become a preferred option for accomplishing these objectives.
At the heart of collaborative law process is a promise that you and your spouse make. You will work together respectfully, honestly, and in good faith to resolve issues and reach agreements beneficial to everyone involved. You also agree to up-front, honest disclosure of all pertinent information and documentation vetted by a team of professionals.
The collaborative process proceeds with a series of private meetings between you and your spouse, your respective attorneys and essential professionals. These sessions are held to resolve all issues, including parenting and financial matters. As needed, other collaborative law professionals join the team to assist with emotional, financial, or parenting issues.
Once you have reached an agreement, your attorneys create legally-binding documents and file them with the court. This holds all parties accountable to the settlement terms. If you cannot reach agreement, the collaborative professionals must withdraw.
Within the collaborative law process, we help you manage disclosures, valuations, forensic investigations, tax matters, executive compensation analysis, interim agreements regarding payment for family expenses and parenting time, as well as final parenting terms and allocations of assets, income and expenses. Gaynor Law attorneys encourage use of the collaborative process when it is suitable for our clients because it can be less costly to both parties financially and emotionally. It is a unique process that facilitates a transition to a healthy post-decree relationship.
Divorce: Collaborative vs. Litigation
Where collaborative law and mediation work to defuse conflict and minimize the destruction of divorce, litigation tends to perpetuate them. It is very difficult to litigate without causing alienation on the other side. Gaynor Law utilizes litigation advisedly, when no other option is viable. But we use it expertly because, as with any approach to divorce, your future is at stake.
Who Controls the Process?
You and your spouse control the process and make final decisions
Judge controls process and makes final decisions
Degree of Adversity
You and your spouse pledge mutual respect and openess
Court process is based on an adversarial system
Costs are manageable, usual less expensive than litigation; team model is financially efficient in use of experts
Costs are unpredictable and can escalate rapidly including frequency of post-judgement litigation
You and your spouse create the timetable
Judge sets the timetable; often delays given crowded court calendars
Use of Outside Experts
Jointly retained specialists provide information and guidance helping you and your spouse develop informed, mutually beneficial solutions
Separate experts are hired to support the litigants’ positions, often at great expense to each
The process and discussion or negotiation details are kept private
Dispute becomes a matter of public record and, sometimes media attention
Involvement of Lawyers
Your lawyers work toward a mutually created settlement
Lawyers fight to win, but someone loses
Facilitation of Communication
Team of collaborative practice specialists educate and assist you and your spouse on how to effectively communicate with each other
No process designed to facilitate communication
Voluntary vs. Mandatory
Mandatory if no agreement
Lines of Communication
You and your spouse communicate directly with the assistance of members of your team
You and your spouse negotiate through your lawyers