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Lawyers promote simpler divorces
By ANITA KUMAR
© St. Petersburg Times, After 18 years of marriage, the husband wanted a divorce. The wife agreed and hired a Tampa divorce attorney. The couple, an affluent pair in their 40s, wanted to avoid a long, vicious battle in court. Her attorney, Joseph Hood, had a suggestion: Engage in a new legal method that stresses negotiation and compromise instead of adversity and litigation when getting a divorce. They took him up on his offer and, a mere 30 days later, the divorce was granted by a judge. "Lots of people getting divorced are very frustrated with the process. This gives them an option," said Tampa attorney Nancy Harris. "Divorces do not have to be a third world war." The collaborative law movement promotes a simpler way to resolve issues without the lengthy and costly legal back-and-forth that often leads to a barrage of motions, depositions, restraining orders and nasty letters. Those who are promoting the program don't presume to be able to eliminate the sadness that often accompanies a divorce. But they say it could help reduce anxiety, speed up the process and cost much less. It's particularly beneficial for a couple with children who must be able to get along after the divorce. "It should work for everyone except those who really want to hurt someone," Hood said. "It tends to be cheaper and less emotionally difficult." Collaborative law, founded a decade ago in Minnesota, was adopted in the bay area about six months ago. About 60 attorneys have committed to use collaborative law for some cases -- making the group in Pinellas, Hillsborough and Pasco counties one of the largest in the nation. There is no formal training or certification process for lawyers. But several legal groups are trying to help lawyers adjust to the new, nonadversarial way of thinking. A seminar will be held in Tampa on Friday. So far, fewer than a dozen cases have been completed in the bay area. Some are as successful as Hood's case, while others still are dragging on after 14 months. Here's how it works: Clients and their attorneys sign a contract with each other agreeing to full disclosure while they work together to resolve their differences outside of court. Typical cases take four or five two-hour, sit-down sessions with the couple and their attorneys hashing out an agreement. Collaborative law attorneys estimate their cases may cost a couple 20 percent of what they would pay in many divorce cases. That's because they save money on fees for lawyers who spend less time on a case and on hiring mutually agreed upon experts, among other expenses. A husband and wife don't file the typical divorce forms. They only go to court for a short hearing at the end of the process for a judge's approval. Those hearings usually take a matter of minutes. If they want to give up on the process for any reason, the couple will be forced to hire other attorneys and start the entire process over because their lawyers will not represent them in court. Collaborative law attorneys hope that gives the couple an incentive to work out an agreement. "It takes the adversarial nature out of these divorces," said Pinellas-Pasco Circuit Court Judge Frank Quesada, who heads up a new unified family law division. "People usually come out fighting, but this really pulls them together." The process differs from a simplified dissolution, in which the husband and wife decide how to divide their assets and liabilities, jointly file their own paperwork and have it approved by a judge. It is also not mediation, which is usually court-ordered and features opposite sides working out details with a third-party facilitator. Also, clients in the new procedure can't walk out of collaboration and go to court as easily as they can with mediation. "It's about actually working out an agreement, not just gearing up for trial," said Hillsborough Circuit Judge William Levens, who specializes in family law. But even those who tout the benefits of the program realize it has limits. It may not be suited for cases that involve strong animosity, mental health problems, drug or alcohol abuse or domestic violence. "It's a solution for many, but not others," Clearwater attorney Dean Hoolihan said. Stuart Webb, a Minneapolis divorce lawyer, created the program in 1990 after becoming so frustrated with bitter court battles that he thought of quitting the legal profession. These days, he works solely on collaborative cases. "If I was willing to give up my law practice of 24 years, (then) maybe I could find an 'outrageous' way to practice family law that eliminated what I found most disturbing in my practice, and retain or reform those parts that gave me pleasure and satisfaction," he wrote in a law journal last year. "Collaborative law was the result of my search." The movement spread from Minneapolis across the United States and Canada, and can be found everywhere from Boston to Dallas to San Francisco. South Florida launched its own program last year. Fort Myers recently started one. But the new procedure still accounts for only a small portion of the 2-million divorces in the United States each year, though no accurate statistics are kept. It has received little attention, and many lawyers and judges have never heard of the concept, let alone understand it. "It's something new," Hood said, "and it kind of has to move slowly." - Times researcher Kitty Bennett contributed to this report. Anita Kumar can be reached at kumar@sptimes.com or 727-893-8472.
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