A Better Alternative for Family Law Litigation and Resolving Disputes Respectfully
Collaborative Practice makes use of a team approach to help separated couples make fully-informed, carefully considered, settlement decisions without the use of the court system.
- Through the collaborative process, you can:
- Take Control of your Divorce Settlement
- Ensure the Best Possible Outcome for your Entire Family
- Keep Your Personal and Financial Dignity Intact
- Lessen the Financial Burden
Together, the husband and wife decide the outcome – NOT the court system.
The collaborative process focuses on the needs and interests of both spouses AS WELL AS the needs and interests of minor children involved. This specialized process aids spouses to reach agreements that address the important needs and interests of both parties.
In order for the collaborative process to work, both parties are required to deal with each other honestly, cooperatively, professionally and with integrity. While working toward the common goal of a fair and just settlement, the overall well being of the enitre family is the primary goal.
[/learn_more] [learn_more caption=”What is the Difference”] The main differences between collaboration and traditional divorce can be seen through the following processes:
- Attorney Roles in the Divorce Process
Unlike traditional litigation based divorce, in the collaborative process, attorneys are motivated to achieve a mutually acceptable resolution for both parties on all the important issues. Attorneys cannot go to court to resolve outstanding issues and must even withdraw from participating in the case entirely if the client decides to withdraw from or refuses to follow the guidelines of the collaborative process.
Differences in the Negotiation Process
Divorce is a painful process and can tend to get messy while both parties fight to protect their interests. However, in the collaborative process, spouses acknowledge that they must work together to find suitable solutions to each others needs. They agree to work together to find creative solutions that are mutually beneficial, rather than solely for self interest.
Childrens needs are a priority focus in the collaborative process and both parties agree to guidelines not required by traditional divorce. In agreeing to the collaborative process, both parties agree to NOT involve their children in the disagreements. Additionally, they promise to speak respectfully to, and about, each other while in the presence of the children. Both parents work together to negotiate a parenting plan that focuses solely on the best interests of the child. Parents can optionally elect to employ the services of a child specialist that they both select, rather than turning these duties over to a stranger elected by the court, as in traditional divorce.
Two Parties, One Expert
Spouses may choose to use a jointly selected expert, such as a counselor, accountant, realtor, or any other consultant to help them achieve a fair and just settlement. In traditional divorce settings, it is not uncommon for both spouses to hire their own “hired gun” to protect their individual interests, resulting in a more adversarial situation, as well as being more costly.
Open Information Exchange
All participants of the collaborative process agree to an open and honest, fair exchange of informaiton and documentation. Neither spouse will be allowed to “take advantage” of a miscalculation or inadvertent mistake made by the other party. Rather, any mistakes or miscalculations are identified and corrected through joint effort.