Collaborative law is an alternative way to resolve a divorce. The process requires both parties to be actively involved. Before you can choose collaborative law as your divorce solution, you must meet with a lawyer. In a private meeting, you should discuss your goals and tell the lawyer what you expect from the process. After that, both parties will sign a participation agreement, which will guide the process.
Benefits of Collaborative Law
Collaborative law allows couples to negotiate a settlement outside of court. It also provides more privacy. While litigation involves a judge making the decisions, a collaborative divorce allows both spouses to make decisions about their divorce and the future of their children. In addition, collaborative divorce encourages good communication.
Using a collaborative law approach to your divorce will allow you to focus on your children and their well-being throughout the process. You won’t be bound by the case schedule of a court, which is often stressful for everyone involved. Additionally, you will be able to work through your emotions without the pressure of legal proceedings.
Collaborative divorce also tends to be less expensive than litigation. The costs of litigation are often thousands of dollars, while couples who use collaborative law often spend half that amount. This is beneficial because it will allow couples to begin their new life on a sound financial footing.
Disadvantages of Collaborative Law
While collaborative law in divorce can be advantageous, there are also some disadvantages. It can be expensive. The cost of collaborative divorce can be paid from marital assets and the earning spouse’s income. Also, there are certain nuances to the collaborative process that you may not fully understand.
The collaborative process often involves the hiring of an independent third party to assist in the planning. In such a situation, the parties must provide the necessary information to the third party. Because the collaborative process takes place outside of a courtroom, this third party will only be able to work with what the parties disclose. This means that there is a potential for one party to lie or hide assets.
Another advantage of collaborative law in divorce is that it can be cheaper and faster than a traditional divorce. The process also allows the divorcing couple to restructure their lives without the bruising drama of a traditional trial. Moreover, it can also result in less bitterness. However, collaborative law in divorce is not for everyone. If you’re considering this type of divorce, make sure you research the process first.
Alternatives to traditional divorce
Collaborative divorce is a relatively new method of divorce, which involves working with your spouse to reach a settlement in an informal way. It has many advantages over traditional divorce, including minimal conflict and a lower cost. The process also requires no lawyers or a court hearing, and the result is usually what both parties wanted in the first place. As more couples realize the advantages of this method, it is gaining in popularity.
Like early-stage mediation, collaborative law allows parties to negotiate terms outside of court. No depositions, interrogatories, hearings, or final trial are necessary, and neither party communicates directly with the other spouse. The parties agree to share essential information with each other and their attorneys. Collaborative law has a clear advantage over early-stage mediation: it is more personalized and flexible. The process also doesn’t involve judicial intervention, and both parties must be willing to make a commitment to it.
While collaborative divorce can reduce the chance of disagreements, it is not for every situation. It may not work in a case where there is a significant power imbalance, or if one partner is abusive. Therefore, it is best to seek the advice of an experienced collaborative law attorney before choosing this method of divorce.
Situations in which collaborative law is appropriate
Collaborative law is an alternative dispute resolution method, which allows spouses to reach an agreement on the terms of their divorce without the need for expensive and time-consuming litigation. It is a way to resolve many types of family law issues, including property division and child custody. Its focus is on a collaborative process between parties and their attorneys.
The collaborative process has some advantages, but it is not suitable for every divorce case. It cannot be used in cases where either spouse is abusive or has committed domestic violence. It can only be used in cases where both parties agree to share information without playing games. The parties must be willing to put aside their emotions and find other ways to work through conflict.
Collaborative law requires full disclosure. Attorneys are not allowed to stonewall or “hide the ball.” Since their integrity depends on this, they cannot misuse the collaborative process.
