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Collaborative Law
Our team of attorneys specialize in aiding you to reach an amicable resolution to your divorce through the Collaborative Law process.
Collaborative Law:
An Alternative to Traditional Divorce Litigation
Collaborative law provides a confidential process that helps spouses find a fair, out-of-court resolution to their divorce. It provides an alternative to the traditional litigation model of divorce resolution.
A collaborative divorce differs in several ways from a litigated divorce. First, both parties agree at the outset that they will participate in the collaborative process. The parties and their lawyers agree in writing that they will strive to settle their divorce without contested court hearings. Another unique feature of the collaborative process is jointly hiring experts to help resolve the case. In a litigated divorce, the parties can often end up with “dueling experts” that increase the cost and level of disagreement in a case.
During the collaborative process the spouses, attorneys, and experts meet jointly to discuss and amicably resolve the issues surrounding the divorce. The attorneys provide advice and counsel on legal claims and possible resolutions. The experts serve the role of creating options for each spouse to consider.
Collaboration law involves removing disputes from the fight and win environment of courts into the “troubleshooting and problem solving” setting of negotiation. The collaborative legal divorce therefore involves a process whereby a divorcee may seek mediation or negotiation. Generally speaking, collaborative divorce is defined as having parties agree not to engage in litigation. If either side doesn’t comply with the terms agreed not to litigate then the attorney will be held in full. All parties who litigate must still find a different attorney. Some states require divorce parties to consult an attorney before litigating their divorce in court.
The process of divorce is often challenging, controversial and expensive. Divorce often requires lawyers, time and money and sometimes lengthy litigation to resolve. Courts in most states encourage couples to work together when it comes to a divorce dispute. If you agree with this, you will find the procedure much simpler. If you cannot agree on all your marriage terms, you can contact an attorney to help you with the mediation.
Amicable Divorce Solutions
If you seek an amicable divorce, collaborative divorce offers many benefits including:
Visitation Agreements
Couples create the best custody and visitation arrangement for their children. Where as in a litigated divorce, the judge – a total stranger – makes the choice for them.
Fair Assessment for both Parties
Spouses can consult with experts about an array of outcomes they feel are fair to both parties and best for each.
Emotional Protection for Children
Spares children the pain of witnessing increased animosity between parents arising in a litigated divorce.
Lower Cost
Utilizing one expert, prevents doubling the cost of two competing experts with multiple reports.
Privacy
Spouses preserve their privacy by avoiding testifying in an open courtroom
Meet Our Collaborative Law Process Experts
An expert team poised to provide guidance, direction, and solutions for your individual collaborative practice needs.
How Collaborative Divorce Works: FAQs
What is collaborative divorce?
Divorcing is difficult and confusing. Divorces usually involve legal representation, contest dates, and lots of time and costs. This also applies to couples divorcing that cannot agree and need a dispute resolution lawyer to resolve. Some couples have no major disagreement but can proceed straight to divorce easily. For them the best legal assistance would probably be to file divorce papers. Most people get into the middle where they can agree on things outside court but can sometimes be unable to agree on everything.
A collaborative divorce is the legal divorce process where couples are given the freedom to negotiate the whole divorce without a fight or litigation between their spouse. In some cases, couples can negotiate through mediation or negotiation with each other for a mutually acceptable settlement.
Tell me the difference between collaborative divorce.
Collaboration law involves removing disputes from the fight-and-win environment of courts into the “troubleshooting and problem solving” setting of negotiation. The collaborative legal divorce, therefore, involves a process whereby a divorcee may seek mediation or negotiation. Generally speaking, collaborative divorce is defined as having parties agree not to engage in litigation. If either side doesn’t comply with the terms agreed not to litigate then the attorney will be held in full. All parties who litigate must still find a different attorney. Some states require divorce parties to consult an attorney before litigating their divorce in court.
What are the disadvantages of collaborative law?
A major disadvantage of collaborative divorce may involve having a whole new agreement. You don’t get a hearing on time just after you’ve been negotiating with the mediations. Sometimes a court might refuse a collaborative divorce agreement.
What does a collaborative process mean?
The collaborative process is a dispute resolution process in family law that involves the participants in concentrating their efforts toward gaining mutual agreement.
Why is collaboration important in law?
Collaborations are increasingly essential for the practice today. In a complex international legal field involving many complex disciplines, professionals have to integrate their expertise for achieving the highest level of satisfaction and success with their customers.
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