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Collaborative Law & Divorce
With Collaborative Law, the ultimate goal is to reach a
settlement over the following issues, but not limited to, support, alimony, custody,
property and debts, in your divorce matter without going to Court. Each spouse is
represented by his or her own Collaborative Attorney. The attorneys and spouses
agree, in a written contract, to share all financial and other pertinent information
relevant to the divorce without claiming confidentiality. This vital element of
the process is what makes the collaborative divorce settlement process so unique.
Since each spouse is willing to cooperate and share this information the time in
which the attorneys must do extensive research and actually investigate the financial
situation of the marital estate is drastically diminished, which decreases the legal
costs and the actual time line of the divorce procedure.
What is Collaborative Law?: Collaborative Law
is a new way to resolve disputes by removing the disputed matter from the litigious
Courtroom setting and treating the process as a way to "trouble shoot and problem
solve" rather than to fight and win.
What Are the Benefits of Collaborative Family Law?
: Less Expensive. After all who wants to spend all
their money on lawyers. Informal setting. The exchange of information is open, informal
and honest and, as a result, less costly and time consuming.
What Disputes Can Be Resolved with Collaborative Law?: Collaborative Law can be used for any dispute whether
related to Family Law or some other area. It has been used the most often in the
Family Law context to resolve disputes related to all divorce related issues.
Is Collaborative Law a Good Choice for Me?: The Collaborative Law approach for a divorce is not for
everyone. Read a few of the requirements for this method to work for you and your
spouse.
What is the First Step?
: It takes two willing participants to effectively use
the Collaborative Law process. Since Collaborative Law is a relatively new process,
your spouse may be reluctant to agree without proper education regarding the benefits
of the process.
A Sample Collaborative Law Agreement: Collaborative Law is a cooperative, voluntary conflict
resolution process. Both attorneys and both parties acknowledge that the essence
of Collaborative Law is the shared belief that it is in the best interest of the
parties and their families to avoid adversarial proceedings, to commit themselves
to resolving their differences with minimum conflict and to work together to create
shared solutions to the issues.
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