How often do Collaborative Divorces Succeed?

One of the downsides of Collaborative Law, as with any alternative dispute resolution process, is that if you do not settle your case outside of court, there is still the risk that you will end up in court litigating your dispute. Many people still choose to give amicable settlement a fair chance, but a common question when trying to make this choice is "how often do these cases succeed in settling outside of court?" While every case is different and will present unique issues, there is now some available data to answer this question.

The International Academy of Collaborative Professionals (IACP) has collected data on Collaborative cases from the professionals involved in those cases through the use of an IACP Professional Practice Survey and reported some of their findings in The Collaborative Review Spring 2012 issue.

Based on a a total of nine hundred and thirty–three cases, which were reported from October 16, 2006 through July 6, 2010, they found that:

"86% of all reported Collaborative cases settled with an agreement on all issues."

In addition, 14% of the cases that terminated without a full agreement had reached a partial agreement.

These percentages confirm that most Collaborative cases will settle, and that is no surprise when clients are well informed beforehand about the process and choose to enter a process aimed at working together. Hopefully, this information will lead to more people choosing to utilize the Collaborative process. Especially given the amount of control over your own life that the Collaborative process provides, and the positive feedback we typically receive from our collaborative clients.

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2024 U.S. Presidential Party Platforms - What are the policy positions that could affect families?

While the laws that affect family formation, marriage and divorce are often made at the state level, there are also many policies and laws at the federal level that affect families and children. Just some examples from recent years that have impacted families in my mediation practice include changes to the federal tax laws (such as the elimination of the alimony tax deduction ) and U.S. Supreme Court rulings on same sex marriage and reproductive health rights. In just over a month, the United States presidential election will have a significant impact on these federal policies going forward, and could choose the next appointments to the U.S. Supreme Court as well. In 2016 and 2020 we shared what each presidential platform said about families and policy regarding family formation and dissolution, and below we'll provide you an update on the 2024 presidential platforms. As Maya Angelou said, "When someone shows you who they are, believe them the first time."...

Massachusetts Family Court Financial Statement - Instructions & Best Practices

During a divorce, or other case in the Massachusetts Probate & Family Court that involves your finances, such as a child support case, you will likely be required to file a court form Financial Statement. In Massachusetts there are two versions of this form: a "short form" if your income is under $75,000 and a "long form" if your income is $75,000 or more. Many people find these forms confusing and we've compiled a list of helpful information for filling them out. First , to access the forms, the court has provided pdf or online versions here: Massachusetts Rule 401 Short Form Financial Statement (pdf) Massachusetts Rule 401 Long Form Financial Statement (pdf) There are also some basic instructions provided by the court explaining the sections of the forms and providing access to a Schedule A (for self-employed people) and Schedule B (for rental income): Massachusetts Rule 401 Short Form Financial Statement Basic Instructions Massachusetts Rule 401 Long F...

Can you Deviate from the Massachusetts Child Support Guidelines?

When completing the Massachusetts Child Support Guidelines Worksheet , many people are surprised by the resulting amount. The court treats the worksheet amount as presumptive, which means that the amount in the worksheet is likely to be ordered by the court unless there is a good reason to deviate. A common question in mediation between parents (both married and unmarried) is: If we agree to a different child support amount than the worksheet (or no child support at all), can we opt out or agree to a different child support than the guidelines suggests? The short answer is: sometimes. In order to receive a Judgment from the court (whether in a divorce or an action between unmarried parents), the court requires the filing of the Child Support Guidelines worksheet. However, there is a list of deviation factors in the Guidelines that the court can consider for ordering a number different than the worksheet. When people are proposing a deviation tha...

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