Discover the Innumerable Benefits of Collaborative Law
When thinking about the divorce process, many people picture attorneys arguing in a courtroom and spouses contentiously battling it out over property, custody, and more. While this is certainly a possibility, a growing number of divorces are actually handled using a process called collaborative law. This process involves both parties signing a collaborative law agreement and committing to a number of meetings with their spouse and collaborative law-trained attorneys in which they will work together to achieve mutually beneficial terms regarding all aspects of the divorce ranging from the division of property to spousal and child support to custody and parenting time.
The key component which makes collaborative law so effective is that it removes the threat of litigation from the equation, and thus allows couples to work together to achieve the best possible outcome rather than fighting only to achieve their own personal goals. The agreement signed at the start of the collaborative process dictates that neither party can pursue litigation, and forces any party who does elect to pursue litigation to find a brand new attorney. In doing so, this prevents one spouse from attempting to hold threats of legal action over the head of the opposing spouse in order to get their way. Couples are incentivized to consider each other’s needs and goals, as well as the best possible course of action regarding any children they may have.
When both parties are able to work together to resolve outstanding issues, this is an excellent option that affords numerous advantages to everyone involved. Since each party will be discussing things directly, with the help of their attorneys, there is no need to wait on an available court date, which can save significant time. In addition, the collaborative law process allows for significantly more privacy than the public proceedings of a courtroom. It also affords considerably more control over the outcome to each spouse, allowing them to seek innovative and customized solutions to disagreements rather than leaving the decision up to a stranger in a black robe.
Finally, a collaborative divorce can be far less expensive than litigation in the long run since it can oftentimes be finalized much faster and with less steps than a traditional divorce case. The key caveat, however, is that in order to successfully leverage collaborative law for a divorce, all parties must be cooperative and forthcoming to avoid hitting any snags and prolonging the process.
When collaborative law is successfully applied to a divorce, couples are able to achieve mutually beneficial outcomes which are customized to their unique circumstances rather than relying on a judge to rule in favor of one spouse or the other based on the limited information they are given about the couple’s life. After terms are agreed upon, the attorneys will subsequently prepare the proper documents and have them submitted to the court for finalization.
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If you think that a collaborative divorce might be a good option in your case or if you would like additional information on the collaborative law process, we are here to help. Our legal team has years of training and experience with this type of law, and we would be honored to work with you. Please contact us to see if it will work in your specific situation.