Case Results

The following are just a small sampling of  actual cases handled by The Divorce Collaborative LLC.  Every case is different and these cases are meant only to be illustrative of  the variety of cases that The Divorce Collaborative LLC frequently helps clients with.

COLLABORATIVE DIVORCE

Textbook Collaborative Divorce:  I recently completed a collaborative divorce for a nice couple from Bristol County.  The marriage was approximately 14 years, and there were three young children.  Household income was approximately $100k.  We had four collaborative sessions that alternated between my office and that of counterpart counsel.  All issues were carefully considered by the parties, and a comprehensive agreement was reached on all issues including alimony, child support, property division, and custody.   Both attorneys worked with the couple to design a customized parenting plan that the parties were pleased with.   Particular attention was paid to making sure that both the husband and the wife would be able to live comfortably and be within their budgets after the former marital home was sold.

Unlike in some litigation cases, it was a good testament to this process at the conclusion of the uncontested divorce hearing when nice comments were exchanged between the parties and the lawyer representing the other spouse!  I also feel confident that this couple will most likely be able to deal with any bumps in the road that may come up and be able to treat each other respectfully without having further court involvement.    Legal fees on this case were also quite reasonable for both parties.

Complex Collaborative Divorce,  High Income and Assets:  This case involved a couple with a mid-length marriage and four young children.  One spouse worked and had seven-figure income and the couple had acquired substantial investments.  Both parents desired to be frequently involved with the children, thus a shared custody plan was developed over a period of many months.  Before negotiations were completed, both parties moved some distance from the former marital home, further complicating the discussions surrounding the parenting schedule.

A divorce coach was part of the Collaborative Team on this case to help with the development of the parenting plan and all of the emotions that are present with transitioning families.

Due to the husband’s employment and fluctuations in income, a fairly complex plan for alimony was devised.   The plan is graduated based upon the husband’s income, but also provides a “cap” so that the spousal support was not excessive.  The couple also agreed that alimony would be of a definite term, and that child support would be adjusted upon the termination of alimony.

This case required many more meetings than the collaborative case described above. The substantial assets and income increased the financial complexities as well.   I would estimate that my client alone still saved anywhere from $50,000.00 to much, much, more in legal fees if the case was litigated.

MEDIATION CASES

Norfolk County, Long-term marriage:  This case involved a long-term marriage with adult children.  Even before starting mediation, the couple had an idea of how the divorce settlement would work, and they were able to discuss this with each other.  Both husband and wife worked throughout the marriage.   The marital home was sold and each spouse established new residences.  Both parties had retirement that was close in value, so they each maintained their own retirement post-divorce.

It took two sessions to have the details of the agreement worked-out and then just a few hours to draft the agreement and the court paperwork.  Probably one of the fastest mediations I have been handled.

Middlesex County, Mid-length marriage:  This mediation was interesting due to the issue of the Wife moving into a relationship with a new significant other, and plans to move in with this person just after the mediation process was starting.  This couple elected the comprehensive, fixed-fee mediation program so they could know in advance what their legal fees would be and have the peace of mind of not being surprised at the end of the process.

As part of the comprehensive mediation package, one joint meeting with a divorce coach is included.  This proved very valuable for this case for this case and we spent the two hour session discussing the best ways to introduce the new significant other to the children in such a way that was healthy and would help with making a good transition instead of a potentially damaging one.  The mediation was completed within the particulars of the comprehensive plan, and both parties and the children are doing well.  Both established new residences but within the same school district.

LITIGATION (COURT-BASED) CASES

Norfolk County Divorce: I would describe this case as “typical” if there is such a thing.  There are two college-age children, a house, household income in the $200k range, and two working spouses, although one spouse does earn considerably more than the other.   There were issues of property distribution, including retirement assets and real estate, spousal support, and child support.  I am not sure why one spouse would not consider mediation, as it was a fairly straight-forward matter, and they would likely have preserved some substantial assets to help pay for college instead of paying two attorneys.  The case settled before reaching the trial stage, like most others.