COLLABORATIVE DIVORCE

Too often divorce is a declaration or war. You've heard about the staggering losses in self esteem, inner peace and well being involving your friends and family, and when children are involved the the hurt can last a lifetime. Collaborative Law is an alternative. A worldwide movement that provides a mutually respectful, goal oriented process that spares all involved in the trauma often seen in traditional divorces.

 

COLLABORATIVE DIVORCE IS AN OPTION FOR CLIENTS WHO?

* Want to avoid court involvement

* Consider the children to be a priority

* Have an interest in meeting the interests of all family members

* Want to keep control over the divorce process; and

* Seek privacy over the divorce process and assets

Advantages to Collaborative Law

The process allows the parties to maintain a more healthy relationship during, and after the case is resolved outside of the adversarial proceeding. Privacy is preserved in the collaborative law process.

The negotiations can occur prior to the filing of any pleadings with the Court, allowing the parties to focus on the issues while avoiding allegations about the other.

The parties have complete control over the manner and timetable in which the agreement is reached. Settlements to which both parties agree are more sustainable over long periods of time and invite more consistent compliance, then do court ordered mandates.

Collaborative law is different from mediation in that the parties have an attorney involved in the process who serves as their advocate. In mediation, the mediator simply serves as a facilitator who does not seek to advance or protect either party's interests.

If a client values working toward a peaceful amicable solution over winning at all costs, the client's values will be honored in the Collaborative law process.

The requirement that all lawyers be disqualified in the event of a breakdown guarantees that all participating counsel will be totally and exclusively motivated to make the process succeed. Thus, all participants are equally and fully invested in finding a solution.

Many people find that the costs involved in the Collaborative process to be less than that in litigation.

In cases where there are tax concerns or other issues of financial propriety in the parties' finances that cannot be presented in Court, Collaborative law presents a more attractive forum for the case to be resolved.

Everyone has an economic incentive to work toward settlement. The parties due to the high costs of litigation and the lawyers because they would be forced to withdraw if settlement cannot be reached.

If the parties have children, the direct communication in collaborative law process helps the parties develop and preserve a cooperative relationship which will benefit the children as the parties go about the task of co-parenting during the process of divorce.

Collaborative law encourages creative solutions to meet the client's needs which
may differ from how the Court would apply the law to facts of the case.

Providing clients and their lawyers with a new, formal and strictly non-adversarial approach to resolving legal disputes.

1) For more information on collaborative divorce please click here

2) To determine wheat her collaborative divorce is the best choice for you click here