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Collaborative Divorce
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There is a movement in family law whereby
divorcing couples can sign agreements with lawyers to not go to court.
More specifically, the process is known as Collaborative Family Law
(CFL) and the agreement to not go to court is binding upon the lawyers,
not the couple. If one or both clients are unsatisfied, either may
still march the dispute to court. They will however have to find new
lawyers.
At heart, the CFL process seeks to develop consensus between the parties
for a mutually acceptable settlement. The settlement can include the
division of assets, spousal or child support and/or the ongoing care
of children. In the CFL process,
while the couple retains separate collaboratively trained lawyers,
they then retain a single financial advisor and/or child expert
and/or divorce coaches who form a team with the lawyers and clients.
The financial advisor, child expert and divorce coaches act as consultants
within a team framework. Because each party has their own lawyer
though, they are assured their respective legal rights are preserved.
Certainly the disposition of the lawyers is one of settlement as
litigation is openly off the table. The risk of conflict is reduced
in favor of improving the probability of settlement. (Click
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Collaborative law is a new way to resolve disputes by removing
the disputed matter from the litigious court room setting and treating
the process as a way to "trouble shoot and problem solve"
rather than to fight and win.
As part of the collaborative law method, both parties retain separate
attorneys whose job it is to help them settle the dispute. No one
may go to court. If that should occur, the collaborative law process
terminates and both attorneys are disqualified from any further
involvement in the case. (Click
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The divorce process often starts with
an attorney, a mediator or a financial planner. An attorney provides
legal advice and can assist you if you decide to litigate your case.
A mediator can help you and your spouse negotiate a settlement, thus
bypassing litigation. If a mediator also happens to be an attorney,
he or she can provide legal advice, but most often will provide legal
information only. A divorce financial planner provides financial advice
but not legal advice. He or she can help you understand the financial
realities of your situation, helping you to make financially sound
decisions. The planner will often refer a lawyer or mediator to help
you resolve your situation.
(Click
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Collaborative Family Law offers divorcing
couples a new approach to untangling marriage. The traditional approach
has family lawyers settle disputes with at least the threat of litigation.
Collaborative Family Law takes the threat of litigation out of the
equation to concentrate on helping the parties settle between themselves
yet with legal support. Litigation is not an option. Lawyers practicing
Collaborative Family Law report more satisfaction with this form
of practice and believe that negotiated settlements leave the parties
more intact as individuals and as parents.
Along with the new approach to settling
disputes, there is a new role for those professionals who would
otherwise practice divorce mediation or provide custody and access
assessments. (Click
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In the Collaborative Law process, the
parties and lawyers sit round table to share information and over
time, reach consensus on solutions. In the process, the lawyers
role model appropriate problem solving behavior which may be instructive
to the parents for managing future disputes between themselves.
Whereas each lawyer in a traditional dispute would enlist their
own set of professionals, those practicing Collaborative Law have
begun to see other professionals as team members or consultants
to the collaborative process. The role of the various consultants
is to provide information to the lawyers and parties about the likely
outcomes of various courses of action. From there, it remains a
matter of negotiation for the parties to arrive at a solution. While
it may be an expensive series of meetings, on an overall basis,
negotiated settlements tend to be far less expensive than those
litigated. The added benefits are reportedly better ongoing relationships
and more durable agreements. (Click
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different states. Before acting on what you have read, it is important to obtain
appropriate professional advice about your particular situation and facts.
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