Introduction

• Author: Holly J. Wanzer
• Pages: 9-9

I-9

INTRODUCTION

“I

’m getting a divorce.” These words are unexpected and fraught with emo-

tion and challenge for most people. Every married person had a ceremony

– however brief and simple – which marked the start of married life and included

oral promises of unity. Those same married individuals also took the steps to obtain

a state license to marry, which they signed at the time of marriage, signifying their

entry into the contract of marriage. There may have been declarations of love, a

white dress and an expensive party, too. Regardless of the circumstances surrounding

the ceremony, the core of marriage is the hopeful promise that a union is for life.

Getting married is a process, which is sometimes elaborate and sometimes

simple. Divorce also is a process – sometimes brief and simple, and sometimes

long and elaborate. A person faced with divorce has many questions which need to

be answered: How long will this take? How much will this cost? Will this be ugly?

Do I have to go to court? In the process of helping a divorcing person answer these

and many other questions, family law practitioners will play many important roles.

We are teachers, advocates, hand-holders, counselors of law and trusted advisors.

We are a port in the storm. We also hold tremendous ability to guide the course of

the divorce process. We are not singularly responsible for whether a divorce gets

long, ugly and expensive, but we are sometimes a contributing factor. The process

itself can be a contributing factor, as trust is eroded and feelings further hurt.

As we assist our clients with this painful and difficult step in their lives, we

can and should offer them choices and control. This book is intended to serve as a

guide to exploring collaborative law as one of those choices. While I am a strong

advocate of the collaborative process, it is largely because I am a bigger advocate of

client choice and control. When we accept that there are multiple paths through the

divorce process, and that each is a legitimate path depending on the people making

the journey, we open up a menu of choices for divorcing people. There is more than

one solution to divorce. Consider collaborative law as one of the process choices.