Divorce: What Are My Options?

Cromwell Law will guide you, advocate for you, and empower you to create sustainable, lasting agreements tailored to your family’s needs.

Our attorney’s have experience and training in all types of divorce, from Limited Scope to full representation. We will help you work through which options are best for you and your family.

 

Nontraditional Divorce

 

Collaborative Divorce

Collaborative Divorce engages the tool of negotiation (rather than litigation) to solve a couple’s settlement disputes. Each spouse hires their own collaboratively-trained attorney and meets with their respective attorney to discuss their expectations, wants and needs. To keep the negotiations a team-effort between all parties, both spouses and attorneys sign a “no court” agreement in which they agree not to threaten each other with litigation. Negotiations in Collaborative Divorce revolve around an interest-based method of problem solving and can involve neutral third-parties such a financial experts, parenting specialists, or a mediator. For example, if one spouse states that they want to keep the house, their attorney will ask them why. If the reason they want the house is so that their children remain in a stable school district, then the negotiations can move forward based on that information.

By using a collaborative process, the divorce negotiations remain outside of the court system, and the couple retains ultimate control over each decision. This strategy keeps emotional and financial costs down and allows spouses to gracefully transition from husband and wife, to father and mother. Learn more about our process here.

 

Traditional Divorce

 

Kitchen Table Divorce

Kitchen Table Divorce is a Limited Scope divorce option. In this type of divorce, a couple sits down informally together, usually at their kitchen table, to draft a general agreement regarding a parenting plan and the division of their debts and assets. On behalf of one spouse, Cromwell Law can then review the agreement, discuss any details that their client may have overlooked from a legal standpoint, and draft the agreement into formal court documents through our Limited Scope services. Both spouses then review the documents and make any necessary revisions. If comfortable with their agreement, both spouses sign and file the finalized paperwork jointly with the court.

 

Divorce Litigation

Traditional Divorce relies heavily on litigation (meaning once open, your case is pending to go to court), to legally force an agreement upon a couple over the terms of their divorce. Each spouse hires their own attorney to gain the best deal they can, while each protecting their assets and time with their children. If the spouses (via their adversarial attorneys) cannot agree on a final settlement, the case will go to court. Once in court, a judge will make a decision for the couple with regards to a parenting plan and the division of debts and assets. Although the most expensive option, traditional divorce may be necessary if both or one spouse requires the protection of litigation. For example, the legal protection afforded by litigation may be necessary if the couple cannot agree on anything, or if a major power imbalance exists within the relationship.