The all-in-one guide that shows couples how to end a marriage, fairly and inexpensively.
Can you really have a civilized divorce? Ending a marriage is always difficult, but it need not be defined by financial or emotional conflict. Avoid huge legal bills and jockeying lawyers while protecting your kids -- turn to Divorce Without Court for help.
The book guides you through a negotiated divorce, using divorce mediation or a new approach called "collaborative divorce." Encouraging and straightforward, Divorce Without Court explains:
-how mediation works
-how collaborative divorce works
-how to use either to end a marriage
-how to maximize opportunities for settlement
-how to get an agreement in writing
-how to find and use advisors
Divorce Without Court provides the latest resources, contact information for state offices, national and regional organizations, and clear examples of what you can expect.
The all-in-one guide that shows couples how to end a marriage, fairly and inexpensively.
Table of Contents
I. Introduction
Why Mediate or Collaborate? Consider the Alternative
Divorce Decision Continuum
Why Mediation or Collaboration Can Be Your Best Option
Getting the Most out of This Book
Definitions
Icons
1. The Role of Mediation and Collaborative Law in the Divorce Process
The Four Divorces
Keeping It Simple: The Uncontested Divorce
Beyond the Basics: The Contested Divorce
Long-Term Effects of a Contested Legal Divorce
Mediation and Collaboration: A Different Way to Divorce
2. What Happens in Mediation
An Overview of Mediation
Introductory Stage
Information-Gathering Stage
Framing Stage
Negotiating Stage
Concluding Stage
Assessing the Cost of Robert and Fran's Mediation
3. What Happens in a Collaborative Divorce
An Overview of Collaborative Divorce
Introductory Stage
Information-Gathering Stage
Framing Stage
Negotiating Stage
Concluding Stage
Assessing the Cost of Cole and Traci's Collaborative Divorce
Traci and Cole's Divorce Agreement
4. Deciding to Mediate or Collaborate
Is Mediation or Collaboration Right for You?
It Takes Two to Tango
Comparing Mediation and Collaborative Divorce
Mediation vs. Collaboration: Factors to Consider in Choosing the Right Approach
Making Your Choice
5. Proposing Mediation or Collaboration
When to Propose Mediation or Collaborative Divorce
Who Should Propose Mediation or Collaboration?
How to Propose Mediation or Collaborative Divorce
Dos and Don'ts of Proposing Mediation or Collaboration
Sample Letter Proposing Mediation
Sample Letter Proposing Collaborative Divorce
6. Finding a Mediator
Shortcut to Finding the Right Mediator
Qualified Mediators: What to Look For
Finding the Right Fit
Who Provides Mediation Services
Making a List of Potential Mediators
Checking It Twice: Screening and Interviewing Potential Mediators
Interviewing and Selecting a Mediator
7. Finding a Collaborative Attorney
Shortcut to Finding the Right Collaborative Attorney
Qualified Attorneys: What to Look For
Finding the Right Fit
Making a List of Potential Lawyers
Checking It Twice: Screening and Interviewing Potential Lawyers
Interviewing and Selecting a Collaborative Lawyer
8. Using Advisers and Doing Legal Research
How and When to Use Advisers in Mediation
Friends, Romans, and Countrymen
Legal Adviser
Counselor
Financial Adviser
Specialized Advisers
Coordinating Your Advisers
Finding Answers to Legal Questions: Legal Research Online and Off
Law Libraries
Legal Research on the Internet
Additional Legal Research on the Web
9. Getting Started on Information-Gathering
Step One: Remember Vital Statistics
Step Two: Assess Your Children's Needs
Step Three: Locate and Copy Important Documents
Step Four: Inventory Your Assets and Debts
Step Five: Summarize Your Income and Make a Budget
Step Six: Pause to Reflect
10. Preparing for and Making the Most of the First Session
Getting Ready
The First Mediation Session
Mediator Approaches and Styles
Mediator Neutrality and Bias
Confidentiality of the Mediation
Agreement to Mediate
Take Time to Make Notes
11. Evaluating Your Progress in Mediation or Collaborative Divorce
Evaluating the Decision to Mediate or Use Collaborative Divorce
Monitoring Your Progress
12. Communicating in Mediation or Collaborative Divorce
13. Negotiating in Mediation and Collaborative Divorce
14. Court-Sponsored Mediation
15. Encountering Difficulties in Mediation and Collaboration
16. Writing Up the Agreement
17. Women and Men in Mediation and Collaborative Divorce
18. Unmarried Couples in Mediation and Collaboration
19. Mediation and Collaboration After Divorce
Appendix
Index
Reviews
Gary Friedman, author of A Guide to Divorce Mediation ...
"Finally -- a realistic and balanced approach to getting divorced without costly court battles. This accessible book takes divorcing couples through the entire process."
Chip Rose, author of Collaborative Family Law Practice ...
"A person considering divorce could not have a more valuable resource than Divorce Without Court. A comprehensive, step-by-step guide through the process for people who want to avoid the expense and damage of litigation."
About the Author
Katherine E. Stoner is an attorney/mediator in private practice with the firm of Stoner, Welsh & Schmidt in Pacific Grove, California. In addition to mediation, her practice includes consulting attorney services for clients who are in mediation. Ms. Stoner is a Certified Family Law Specialist, who teaches community property at Monterey College of Law and is on the training staff of the Center for Mediation and Law in Mill Valley, California. She has lectured extensively on family law and mediation and has been interviewed by major media including NBC's Today Show.