DivorceMag: Idaho FAQs

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Frequently Asked Questions About Divorce

"After divorce, what can I do to make a healthy transition that would give me and my family a hopeful outlook to the future?"

After going through the "real life" upheaval and anxiety of a divorce, with all its life changes, emotional angst, and monetary expenses, we come to a point where we want to go…"

"What can I do to help my kids recover from our divorce?"

Explain that you can know something is wrong and that you want to understand it. Then listen. Don't try to fix it or explain it away. At first, your boys may say almost nothing. But…"

"How does collaborative law differ from mediation or litigation?"

DivorceMagazine.com answers: “Like mediation, collaborative family law is a cooperative, cost-effective, and stress-reducing alternative to litigation. But the main difference between collaborative family law and divorce mediation is that, in the latter, the spouses work out their settlement by themselves under the supervision of a mediator. Although it's recommended that each mediating party retain a lawyer to advise them, divorce attorneys generally don't attend mediation conferences; instead, a lawyer drafts the final settlement papers, and the parties' own family lawyers appear in court to finalize the outcome. Another key difference is that the collaborative-law process specifically prohibits litigation..."

"What happens if the collaborative model doesn't work for us and we're not able to reach a settlement?"

DivorceMagazine.com answers: “In collaborative family law, both parties retain a specially trained collaborative divorce lawyer. As you may or may not know, both lawyers must disqualify themselves if a case breaks down and either party wishes to go to litigation. Proponents of this relatively new alternative dispute process say that this requirement virtually guarantees settlement, since your family lawyer's fees are so directly related to his or her ability to present a settlement option. It's motivating for all parties concerned who are invested in the process of negotiation to continue and to find solutions to all of the parties' problems..."

"How is a Collaborative Divorce settlement different from a settlement in a traditional case?"

DivorceMagazine.com answers: "Most divorce cases settle out of court, in terms of property division, spousal and child support, and custody and visitation. But what distinguishes the collaborative model here is its ability to help the spouses plan for their post-divorce lives: you wind up not only with a legal settlement, but also with the tools to move on to the next stage of your life financially and emotionally.

In the collaborative process, a functional divorce settlement is the only goal, and the parties and professionals devote all their energy to it. Because everybody involved has agreed not to consider litigation an option, the focus is on goals rather than on positions and strategy..."

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