“Divorce is hard enough—don’t make it harder by hiring the wrong attorney.” — Leanne Mercer
Key Takeaways:
- Collaborative divorce works best when both spouses are transparent and willing to cooperate.
- Litigation may be necessary in cases with hidden assets, safety concerns, or dishonesty.
- Choosing the right attorney and process early saves time, money, and emotional strain.
Choosing Your Divorce Path
When divorce becomes a reality, one of the first and most important decisions is hiring the right attorney. In this episode of Artful Divorce, attorney John Kinney and divorce coach Leanne Mercer explain that not every lawyer—or every process—is the right fit for every client. Divorce can be handled collaboratively, where both sides agree to work toward solutions outside the courtroom, or through traditional litigation. Each option comes with unique pros and cons, and choosing the wrong path can lead to unnecessary conflict, cost, and stress.
Collaborative Divorce: A Different Approach
Collaborative divorce focuses on problem-solving rather than fighting. Both parties commit to full transparency and work alongside attorneys, financial experts, and sometimes therapists to reach agreements. Kinney and Mercer emphasize that this route isn’t right for everyone—especially if one spouse is dishonest or unwilling to cooperate. But for couples who can communicate openly and want to minimize damage to their children and finances, collaboration can reduce hostility and provide a healthier long-term outcome.
When Litigation is Necessary
Not every divorce can be handled collaboratively. In cases where there are hidden assets, safety concerns, or a lack of trust, litigation may be the only option. While more adversarial, litigation ensures that a judge makes decisions when spouses cannot. Kinney and Mercer caution, however, that litigation is often more expensive and emotionally draining. The key is being honest about your circumstances and choosing a lawyer who is both capable in court and transparent about the process ahead.
Getting It Right the First Time
One of the strongest takeaways from the episode is the importance of getting this choice right early on. Switching attorneys or legal strategies midway through a divorce often costs more and prolongs the process. As Mercer points out, “divorce is hard enough—don’t make it harder by hiring the wrong attorney.” Preparing yourself with knowledge, interviewing multiple lawyers, and understanding your options before committing can save you time, money, and heartache down the road.
Artful Divorce Podcast
The Artful Divorce Podcast is hosted by family law attorney John Kinney, based in Omaha, Nebraska. Each episode offers practical insights to help you navigate the divorce process with greater clarity. Whether you’re just beginning or deep in separation process, we’re here to help you move forward, thoughtfully and informed. This content is for general informational purposes and is not legal advice. For guidance specific to your situation, consult a licensed attorney in your area.