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However, even in some jurisdictions whose laws do not require a party to claim fault of their partner, a court may still take into account the behavior of the parties when dividing property, debts, evaluating custody, and support. Fault-based divorces can be contested and may involve allegations of collusion of the parties, connivance, or provocation by the other party. 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. 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. There is also the result of alimony. During a divorce the court will take time to observe both parents and find an agreement in a child custody case. Individuals need to feel comfortable with their attorney as there is the possibility that personal information regarding the marriage will be exchanged. As well, ensure that, if there are children, the attorney will put the needs of the children first. This will be the individual that will assist in negotiating the terms of the divorce, so it is vital to ensure they have the credentials, skill and experience, and style required at a price that is affordable. First of all, ensure the attorney has experience with family law.
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They should also be comfortable in a courtroom setting, especially if there is the possibility the divorce will go to trial. Even if there are no plans to go to court, the attorney’s experience and success record will demonstrate the ability to adequately negotiate a settlement.
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One important thing to keep in mind with collaborative divorce is that if the divorce cannot be settled through these meetings and one spouse seeks a court trial, then both lawyers must withdraw and the parties must seek new legal representation. This requirement provides additional incentive for each party to settle as opposed to hiring a new lawyer.
