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02-16-2018, 01:22 PM
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Join Date: Jun 2007
Posts: 1,051
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Collabrative Divorce/Lawyers
I am really not sure how this all works or how this is supposed to keep too much of the funds out of the lawyers pockets. It seems that collaborative divorce is a catchy phrase that will make a not so amicable divorce more amicable. The research that I have done doesn't seem to be the case.
Please advise if I am incorrect but I would think that both parties do all possible to figure it out on their own and keep the lawyers input to a minimum.
In my mind the only thing the collaborative divorce process benefits is to free up time and space in the courts.
Anyone had experience with the collaborative divorce process and what makes a good collaborative lawyer?
Is there a benefit of a $100/hr. collaborative lawyer vs. a $500/hr. collaborative lawyer?
I'm just not getting it!! I could be thinking that there has to be a better way but there just isn't..
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02-16-2018, 01:34 PM
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Join Date: Jan 2008
Posts: 4,327
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What do you call 3 lawyers in a river?
A good start!
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02-16-2018, 01:45 PM
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Join Date: Jan 2017
Posts: 55
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Divorce
I have a relative that finalized his divorce last summer (after 2 yrs of marriage). The split was amicable, and there was no dispute about assets (and no kids).
He did some research on the forms needed, and went downtown (Calgary) to talk to the clerks in the Divorce Court offices. They were very helpful and gave him a lot of pointers and direction as to how to process the forms (versus the on-line sites that can be confusing).
When it was all said and done, it cost him about $500. , not including his time.
Both parties had to be there to swear in front of a Notary. No lawyers were ever involved.
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02-16-2018, 01:50 PM
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Join Date: Jun 2007
Posts: 1,051
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Quote:
Originally Posted by Pioneer2
A good start!
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Isn't that the truth!!
Lawyers are not in it for the good of the parties but 100% for themselves, which is fine but we can't forget that..
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02-16-2018, 02:02 PM
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Banned
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Join Date: Sep 2013
Posts: 3,939
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Went through a Collaborative Divorce a few years ago.
My lawyer took a $2000 deposit and I got, if I remember correctly $138 refund at the end of it.
Thing is, both parties have to on board for it to work...if one or the other is combative it all falls apart.
I hear lot of horror divorce stories, but ours and two of my friends who went the collaborative route have had very positive experiences.
Especially if you have children...keeping things as amicable as possible is highly desirable.
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02-16-2018, 02:18 PM
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Join Date: May 2007
Posts: 3,948
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100/hr vs 500/hr??
I charge 350 / hr and I am on the low side.
Most Counsel do not bill or recover every minute of time.
At the time of billing value and time are weighed for fairness and the result achieved.
The fee covers a lot of overhead and staff costs before I get paid. It us not money directly in the pocket.
As for collaborative practice it is no different than cooperative practice between two Counsel. In the end both parties need a lawyer to sign the Certificate of independent legal advice on the minutes of settlement for a binding agreement.
The ease and simplicity of the resolution is largely client driven by the attitudes and motivation of the parties.
Drewski
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02-16-2018, 03:02 PM
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Join Date: Jun 2007
Posts: 1,051
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Quote:
Originally Posted by Drewski Canuck
I charge 350 / hr and I am on the low side.
Most Counsel do not bill or recover every minute of time.
At the time of billing value and time are weighed for fairness and the result achieved.
The fee covers a lot of overhead and staff costs before I get paid. It us not money directly in the pocket.
As for collaborative practice it is no different than cooperative practice between two Counsel. In the end both parties need a lawyer to sign the Certificate of independent legal advice on the minutes of settlement for a binding agreement.
The ease and simplicity of the resolution is largely client driven by the attitudes and motivation of the parties.
Drewski
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Managing my emotions and expectations will be paramount.
Thanks D!
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02-16-2018, 03:15 PM
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Join Date: Dec 2012
Location: Airdrie
Posts: 1,490
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Quote:
Originally Posted by warriorboy10
I am really not sure how this all works or how this is supposed to keep too much of the funds out of the lawyers pockets. It seems that collaborative divorce is a catchy phrase that will make a not so amicable divorce more amicable. The research that I have done doesn't seem to be the case.
Please advise if I am incorrect but I would think that both parties do all possible to figure it out on their own and keep the lawyers input to a minimum.
In my mind the only thing the collaborative divorce process benefits is to free up time and space in the courts.
Anyone had experience with the collaborative divorce process and what makes a good collaborative lawyer?
Is there a benefit of a $100/hr. collaborative lawyer vs. a $500/hr. collaborative lawyer?
I'm just not getting it!! I could be thinking that there has to be a better way but there just isn't..
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Here’s my jaded take.
1-If it was going to be amicable, you wouldn’t be getting divorced
2-Hiring a divorce lawyer is not the time to be cheap
3-Hope for the best, prepare for the worst
Research the lawyer(s) before you give anyone a nickel.
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02-16-2018, 03:33 PM
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Banned
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Join Date: Aug 2016
Posts: 1,338
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My divorce was easy we came up with agreements total cost was 5500 all in and done i paid for mine and her lawyer
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02-16-2018, 04:21 PM
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Join Date: Feb 2009
Location: Cochrane, Alberta
Posts: 1,758
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Warriorboy...
Pm me...and tell me where you are located.
__________________
"You're gonna need a bigger boat!" - Martin Brody, 1975
"There seems to be alot of urinating in breakfast cereal around here." - Rackman, 2010
"It is true, there are dead beat dads out there, and there are thousands of dead beat moms too, who live off the efforts of good men trying to do the right thing." -KegRiver, 2011
"You have social media to thank for turning everyone into self-righteous know-it-alls.." -random internet dude, 2015
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02-16-2018, 06:26 PM
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Join Date: Jul 2016
Posts: 3,411
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Quote:
Originally Posted by warriorboy10
Managing my emotions and expectations will be paramount.
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Whether it is an amicable separation or not, what both parties need to keep in mind is that the division of assets is inevitable. You can choose to do a 50/50 split, and pay small fee to complete the paperwork and register the divorce. Or, you can chooserto fight it out and divvy the assets 3 or 4 ways...your choice.
FWIW- I once cautioned a couple I knew very well to "suck it up" and reach an agreement they could both live with. They couldn't do it. Once the lawyers realized the size of the estate, the real fighting started, which lasted over 2 years. They didn't realize how stubborn they were being until they had to pony up over $130K each for lawyers fees. That was a real eye opener. 
__________________
“One of the sad signs of our times is that we have demonized those who produce, subsidized those who refuse to produce, and canonized those who complain.” - Thomas Sowell
“We seem to be getting closer and closer to a situation where nobody is responsible for what they did but we are all responsible for what somebody else did.”- Thomas Sowell
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02-17-2018, 10:31 AM
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Join Date: May 2013
Posts: 3,223
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Is this an actual marital breakdown, or was there infidelity or cruelty involved??
If there are the the last 2 circumstances, a different tactic is involved, and I hear it's a different type of procedure...
Yes, you can get a divorce for infidelity or cruelty.
Many women allege acts of cruelty to get a larger share of the pie from what I have seen.
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02-17-2018, 10:48 AM
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Moderator
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Join Date: Jun 2010
Location: Stony Plain
Posts: 6,630
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Quote:
Originally Posted by warriorboy10
Isn't that the truth!!
Lawyers are not in it for the good of the parties but 100% for themselves, which is fine but we can't forget that..
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Not so. My best friend is a Lawyer and I have seen him time and time again go out of his way to help his clients as well as those who are not . Many times ,not only doing it for nothing but sometimes and his own expense.Your statement is about as reasonable as saying all hunters are poachers.
I believe most lawyers are as reasonable as their clients direct them to be. Takes two to Tango unless it's a ugly divorce then it takes 4 or more to tango
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02-17-2018, 10:52 AM
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Join Date: Dec 2009
Posts: 8,493
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Started collaboratively and then the gloves came off as friends of the ex became experts in what she was entitled to.
5 plus years in the courts.
Lawyer up and get er done. I was able to negotiate the services of a good lawyer on contingency as my property was mortgage free. I paid the bill once the house was sold.
__________________
You're only as good as your last haircut
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02-17-2018, 11:24 AM
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Banned
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Join Date: Jun 2011
Posts: 1,556
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Never been married and never even considered getting married, so i have no advice but here are some great videos full of information for someone in your position.
https://m.youtube.com/results?q=sand...+divorce+&sm=3
I noticed that he hasn't covered collaborative divorce, maybe it's time for someone to request a video on the topic?
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