Collaborative Law

If you are involved in a divorce or matrimonial dispute and you want to resolve your differences without the emotional and financial costs of the traditional divorce process, you may want to consider the collaborative approach to divorce.

  • Do you wish to maintain an amicable relationship with your ex-spouse, but yet feel uncomfortable negotiating the terms of your separation or divorce without a lawyer on your side?
  • Do you prefer to stay out of court to spare your children, decrease financial burden, avoid publicity or maintain privacy and discretion?
  • Do you want to be directly involved in making decisions that affect you and your children?

Then the Collaborative Divorce might be the right approach for you.

Collaborative Divorce offers a non-adversarial, respectful approach to separation and divorce that does not involve courts. In the collaborative law approach to divorce, the parties agree to resolve all disputes regarding child custody and visitation, child support, alimony or spousal support and property distribution without the intervention of the court. In fact, the parties and their attorneys sign a pledge to work out an agreement without going to court.

Other professionals also provide assistance. Neutral financial and mental health professionals help parties analyze their needs and interests, facilitate communication, address parenting concerns and evaluate assets, while each party’s collaborative attorney provides legal advice and helps advocate for the most workable solution on each issue.

If a settlement is reached via the collaborative process, the result is a comprehensive agreement on all issues designed by the parties and their experienced team of collaborative professionals.

If a settlement cannot be achieved, collaborative attorneys must withdraw from representation and parties must hire new lawyers if they need to go to court. This withdrawal pledge is the key element which provides an often-needed incentive to settle; this pledge also differentiates collaborative divorce from traditional pre-court negotiation.

 

 

 

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Collaborative Law