About Collaborative Divorce Lawyers
Key Points:
  • Collaborative law approach to divorce is only recommended for those spouses that are willing to cooperate and work together with the common goal of finalizing the divorce in an amicable fashion.
  • Most collaborative divorce attorneys will not continue representation if the spouses show signs of no longer cooperating with one another.
  • The primary benefit of a collaborative divorce is to eliminate lengthy discovery efforts by sharing financial information willingly.

There are some Family Law attorneys who practice Collaborative Law. This is a fairly new type of law practice that has become very popular with divorcing spouses who intent to go their own way in an amicable fashion.

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.

Each spouse also agrees, in writing, with his or her own attorney that if the matter cannot be settled, the attorney will withdraw from representation and the spouse will have to hire a new lawyer to litigate the case. The reason for this is as follows; if the divorce does turn for the worse, there is a sense of conflict in interest, being a Collaborative lawyer typically does not participate in litigious cases (the requirement of getting a new lawyer also does a great job of keeping both spouses in-line with reaching a collaborative settlement).

The spouses and attorneys meet as many times as necessary to completely resolve all the matters at hand. The more complex the case the more times the spouses and attorneys will have to meet.

Keep in mind that this type of legal approach is obviously not applicable to all divorce matters. However, when employed in the appropriate case, the Settlement Agreement reached is almost always more satisfactory and effective to both spouses, because each has had a full opportunity to be a part of the developmental stages of the final outcome.

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How to Hire the Right Divorce Lawyer How to Hire the Right Divorce Lawyer
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