October 2, 2015

Choose Your Process Wisely

174895184-conflict-gettyimagesA strategy used by some divorcing spouses and their attorneys is to threaten that they will take the other spouse to court. Threatening court is a negotiation strategy in an effort to get the other side to give up or significantly compromise their position(s).

When attorneys use this tactic, they often will prepare for a trial. The trial preparation ends up being extremely expensive and emotionally exhausting for the involved spouses. Often a hatred for the other spouse develops because of trials and/or the threatened use of court.

The reality is a small fraction of divorces end up in trial. The overwhelming reason those cases do end up in trial is because spouses and their attorneys refuse to negotiate. Sometimes a spouse will tell their attorney to go for the throat or they say I want to make him/her pay. It is the divorcing spouses and unfortunately their children, if any, that end up paying the price financially and emotionally. Seeking revenge does not have a place in any divorce process and accompanied by an unwillingness to negotiate in good faith sets up a strategy to fail.

Collaborative divorce on the other hand takes the threatened use of court totally out of the picture. Both spouses are represented by their own collaboratively trained attorney. Spouses and attorneys alike commit in writing not to go to court. Conceptually this enhances the likelihood of reaching agreements by placing the spouses and their attorneys on the same side of the table in an effort to settle on all issues.

Let me ask you which process do you think provides both spouses with a potentially better outcome? Which process do you think you will have the most control over the outcome?   Which process will give your children, if any, a better opportunity for future success by creating an effective co-parenting plan? Finally, which process will seek to minimize the stress both emotionally and financially for you and your spouse?

Download this free divorce knowledge kit showing a comparison chart between collaborative divorce and a court-based litigation process, case studies, and general information how a collaborative divorce may benefit you. Additional divorce resources can be found under the about us section at www.integrashieldfinancial.com. Remember to choose your process wisely.

Mike Miller

Mike Miller guides people through some of life’s toughest transitions including divorce (or as stated by an 8 year old, “getting unmarried”). Going through a painful divorce himself after a 32 year, marriage changed his life. Mike now helps couples make sense of the financial issues for them and their children. His approach is family centered and he emphasizes, “People always come before numbers.” Mike specializes in working with people in transition, helping them create and design the rest of their life so they can live it to the fullest.

He is a Certified Financial Planner™, professional and past president of the Financial Planning Association of Minnesota. Mike completed family mediation training at Hamline University School of Law Mediation Center and is a qualified neutral under Rule 114 of the Minnesota Rules of Practice. The Minnesota Statewide ADR-Rule 114 Neutrals Roster is published by the State Court Administrators Office. Visit his website at www.Integrashieldfinancial.com to learn more.

Registered Representative, Securities offered through Cambridge Investment Research, Inc. a Broker/Dealer, Member FINRA/SIPC. Investment Advisor Representative, Cambridge Investment Research Advisors, Inc., a Registered Investment Advisor. Integra Shield Financial Group LLC and Cambridge are not affiliated. Neither Cambridge nor Integra Shield Financial Group offers legal advice. Individuals are advised to and should rely upon their professional legal advisors.

Integra Shield Financial Group
3181 Fernbrook Ln
Plymouth, MN 55447

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