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There is a difference between trust between the parties and trust in the process. Collaborative divorce creates an environment of process trust by requiring full disclosure and enforcing the parties obligation to do so.
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Divorce Law is one of the most complex and challenging areas facing any American citizen. A divorce is more than just two people separating; it is the untangling of a lifetime of co-mingled finances, living space, and relationships that extend far beyond the couple who are divorcing. In addition, because marriages are sanctioned by the states and not the federal government, divorce laws have fifty different sets of rules, and sometimes the same divorce will be wrangling with two or more of these sets. In any negotiation you want to persuade the other side that you have a strong case and that they should therefore settle with you on terms favourable to you. The parties and their solicitors should therefore prepare themselves for a negotiation. Coming to mutual agreements is at the core of collaborative divorce, as opposed to a compromise where neither spouse is happy with the final result. If you and your spouse would like the benefit of legal professionals, without having to go to court, this type of divorce is a good option for you.
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It is hard to create a good case for your divorce without an attorney. If you try to approach a divorce without one, your case won’t have a successful turn-out. Collaborative divorce seems like a good concept in theory but not in practice. When it comes to divorce, there is often a lack of trust between the parties and a great deal of anger. You shouldn’t ever have to doubt your attorney-and if you do-then he isn’t the right one for you. If divorce has entered your life, be patient. Solicitors have of course always settled cases for their clients without mediation. However mediation provides a process for those cases which have not settled for whatever reason.