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Divorce without discord?


Before sinking to name-calling and squaring off over who gets the dog, the wide-screen TV, or - worse yet - the children, consider a possible alternative to a protracted divorce: collaborative law practice.

“It is not for everybody, and it’s not for every case,” said Superior Court Judge Sheryl Jolly, who presides over domestic court cases in the Augusta Judicial Circuit. “(But) it is a mature way of handling a divorce.”

Several attorneys, at least two child psychologists and an accountant have committed themselves to trying the new approach, attorney Andrew Tisdale said.

He said it’s very disheartening to get to know intelligent, caring people who can turn into snarling, bitter malcontents because of a process that often brings out the worst in people.

The adversary system, especially under old rules, such as the presumption that there must be one primary custodian for a child, creates a battlefield sometimes, Mr. Tisdale said.

Collaborative law is a holistic approach to divorce. It begins with a promise from both sides that their goal is an uncontested divorce. Everyone - attorneys, clients and, if needed, child psychologists, accountant and coaches - works toward a civil compromise forged without rancor or force, Mr. Tisdale said.

Collaborative law practice in other areas, including Atlanta and cities across the country, shows a 90-plus percent success rate. When it’s not successful, professionals have to end their relationship with both parties, Mr. Tisdale said.

“It’s not cheap, but it is cheaper,” he said.

It’s estimated to be 30 percent cheaper, said certified public accountant Todd Matthews, who is taking part in the new approach. There are more people involved, but it’s cheaper because instead of paying expensive attorney bills for those last-minute visitation change arguments and disagreement over finances, other, less costly professionals are there to referee and help.

More : chronicle.augusta.com

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