The information provided in this brochure is of a general nature and is not intended to be taken as the giving of an opinion by the law firm of Murphy Collette Murphy or any of its members. Specific advice should be sought on particular situations from your lawyer. © 1994 -2007 Henry J. Murphy

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1. What is marital property?

Marital property consists of assets which are owned by one or both spouses and are ordinarily used by them and their children while they are living together as husband and wife.

		Collaboration	Mediation	Lawyer Negotiation Before Trial	Trial
1.	Basis for Making Decisions	What is important to the clients	What is important to the clients	What might happen at trial	Laws and Rules of Court
2.	Measure of Success	Solutions acceptable to both clients	Solutions acceptable to both clients	Both clients try to win big	Both clients try to win big
3.	Role of Lawyer	Helps client negotiate effectively and gives independent legal advice	Rarely attends mediation, reviews summaries between sessions and gives independent legal advice	Controls negotiations and gives independent legal advice	Prepares for trial, examines and cross-examines witnesses and argues
4.	Role of Divorce Coach	Helps client manage emotions, handle stress and be effective	Rarely present	Never present	Never present
5.	Role of Neutral Consultants, Child Specialist, Financial Consultant,Valuators	Clients choose if they need more information to make informed decisions	Rarely present	Not neutral – each client hires their own experts	Not neutral – each client hires their own experts. Only present if called as a witness in trial
6.	Who makes final decision	Clients	Clients	Clients with legal advice	Judge
7.	Estimated Time	4 months – 1 year	4 months – 1 year	10 months – 2 years	2 – 4 years
8.	Estimated Cost	$3,000 - $8,000 + per person	$3,000 - $8,000 + per person	$5,000 - $15,000 + per person	$20,000 + per person

 

© 1996, 2001, 2007 Henry J. Murphy