J.A.I.L. News Journal
Los Angeles - January 24,
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Keeping Judges Out Of
(While we agree that there is nothing
good about a divorce, and many, if not most divorces ought not to be, the fact
is, they do happen. Below is some sound advice for couples facing divorce.
Couples should attempt at all cost to avoid going to court and save themselves
untold heartaches. Too often, in the heat of passion of a divorce, one or both
of the parties make unwise decisions to go to court in hopes of gaining an
advantage against the other. For your own good, please reconsider. It could, and
often will be a case of the avalanche becoming greater than the mountain, or two
opponents fighting each other in an alligator swamp in which neither will
be pleased with the net result. Believe me, take my advice, avoid courts at all
costs and settle outside! You'll both be glad you did.)
Thanks to Murray Steinberg for the following:
Collaborating On Divorce
* New Process Avoids Court For
* Called Collaborative Law, Involves Informal Discussions
* Offers Couples Lower Cost, Less Emotional Pain
Jan. 23, 2001
(CBS) A new way of settling divorces is
providing couples with a way to end their marriages while avoiding nasty, costly
courtroom battles, reports CBS News Correspondent Jim Stewart.
process, called "collaborative law," each partner hires a lawyer,
four parties - the lawyers and the spouses - sign a
In it, everyone agrees to work toward a
settlement, and not to go to court.
And if discussions do break down, both
lawyers must withdraw from the case and may not file any motions in court
It's quicker, cleaner, and cheaper: A divorce handled in
court costs a
minimum of $15,000 to $20,000, while a collaborative law
divorce averages $2,000 to $3,000.
Minnesota attorney Stuart Webb
dreamed up the idea. It's the risk of having to start all over with new lawyers,
he says, that usually convinces about 95 percent of all couples to settle.
"I remind them of it all the time, you know, as we go along," Webb
"'Know if this is going in the direction it's heading, it's going to
What About The
Read Part I of CBS News Correspondent Jim
Stewart's series on divorce:
Easing Divorce's Impact On
A new legal experiment aims to solve one of the most
problems of our time: how to protect the most valuable thing
left from a
marriage when their parents have called it quits?
and Sherry Rasmussen settled their divorce via collaborative law.
no love lost during the proceedings, but there also was no
posturing - just a split down the middle of everything they own.
Attorneys Ron Ousky and Maury Beaulier like the process so much
they've collaborated on a half a dozen divorces.
"You're an advocate and
you're still representing your client's interests,
but you're doing so with
reasoned arguments and eliminating some of the
tone," said Beaulier.
"Once you've launched the missiles in your first court proceeding
drawn adversarial lines and people become polarized rather than
together," he said.
Neither lawyer misses the emotional
turmoil that acrimonious divorce
proceedings can bring.
suicides. I've seen death threats. I've seen people in so much
Ousky. "In 18 years I've seen three suicides."
As Mike and Sherry ended
their marriage, there was no shouting. The lawyers thanked the pair for doing
"what's fair and civil" and wished each good luck in their new, separate life.
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