C
INDUSTRY INSIGHT
FAMILY LAW
ouples having marriage struggles
may think their only option is
fighting the good fight in court
when considering divorce. However,
taking the time to do a little research
and envision what your perfect divorce
looks like for you, your spouse and your
children, may make all of the difference.
The Kitchen Table Approach. Under
the best of circumstances, some couples
can sit down, review what they have in
their marital estate and figure out on
their own what each other is going to
get. This works best for couples who can
still communicate and do not want to
spend a bunch of money on lawyers to
litigate the divorce. This option usually
involves a couple meeting with an attorney, giving the terms of their
settlement and only one of them hiring that attorney to prepare all
of the paperwork. The other spouse usually will only hire another
attorney to review the terms of the agreement before signing since
the represented spouse’s attorney can’t give the unrepresented
spouse legal advice. There might be a few revisions but otherwise,
the process is quite streamlined, efficient and expedient, oftentimes
being resolved in a little over 90 days. This tends to be the most
financially and emotionally beneficial option to divorcing couples.
The Kitchen Table Approach also keeps couples from going to court.
Collaborative Divorce.
The Collaborative Process
entails divorcing couples using
two collaboratively trained
attorneys to resolve the issues of
property division, support and/
or custody in a private (non-
court) setting using interest-
based negotiation. Benefits to
collaboration include complete
transparency, cooperation,
respect, dignity and the option
of using collaboratively trained
neutrals to assist the team. These
neutrals can assist with complex
financial issues, budgeting and/
or emotional issues. The client
centered process focuses on what
is important to the couple rather
than being stuck with what the
law says each person should
get. The Collaborative Divorce
is an evolved way of handling
one of the most difficult and
emotionally draining experiences
in one’s life, empowering couples
to stay in control of the outcome
with the assistance of trained
professionals who have their
clients’ best interests at heart.
Mediation. Mediation can
be an attractive option for
those who can communicate
and know both spouses are
SPONSORED CONTENT
committed to considering each other’s
goals and interests with the assistance of a
mediator, a third party neutral. A mediator
cannot give either party legal advice but
typically holds sessions to discuss the
parties’ financial and/or parenting issues.
He/She is trained to identify goals, flesh
out a couple’s conflicts and hopefully
bring the couples to settlement, which is
memorialized in a written, non-binding
memorandum of understanding. One
might wonder why they would want a
non-binding agreement. However, in
order for a mediator to maintain neutrality,
he/she cannot make it binding as that
would indicate a conflict of interest or that
legal advice was given. Usually, spouses of
mediation will retain an attorney in the background to counsel him/
her as needed, to review the memorandum of understanding and to
finalize a divorce filing the papers in court. Mediation tends to be less
expensive than litigation and the Collaborative Process.
Litigation. Last but not least is litigation which is probably exactly
what you think it is. You are giving up decision making power and
leaving your future in the hands of a judge. Although it is a more
formal process, it can be prolonged and expensive leaving couples
feeling disillusioned and broke. There is no hallmark of transparency
or open communication. Rather, there can often be game playing and
non-compliance with requests for
information. With all of that being
said, if there is poor or simply no
communication or transparency
in the marital relationship, some
parties may need to go through
litigation and have a judge tell
him/her what is going to happen.
It takes two to cooperate and if
that is not happening, spouses
are left with going to court.
No matter what option you
choose, research all of them and
think hard about what will be
best for you and your family. It
is best to discuss options with
an attorney who is trained or
certified in all of these disciplines.
Families Don’t
Belong in Court
www.mcmorrowlaw.com
This Industry Insight was written by
Brooke B. McMorrow.
Attorney Brooke McMorrow is the
founding member and Managing
Attorney of McMorrow Law, LLC located
in Wexford. The practice focuses on
family law matters such as divorce,
custody, child support, guardianship,
estate planning, and probate/estate
administration in Pittsburgh and the
surrounding counties. Attorney McMorrow
is collaboratively trained and a certified
mediator. She is also a founding member
of Collaborative Solutions North. She is
licensed to practice in Pennsylvania and
New York. For a free initial consultation
call 724.940.0100 or visit the website at
www.mcmorrowlaw.com.
NORTH ALLEGHENY
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FALL 2019
21