When you think of divorce, collaboration is probably not the first thing that comes to mind. But collaborative law is becoming more and more common in the practice area of family law. In this article, we’ll discuss what exactly collaborative law is and how it can help those navigating a divorce
Resolving Disputes More Readily and Rapidly
While collaboration may not be readily associated with family law, the truth of the matter is family law requires a great deal of communication and in some cases, compromise and negotiation. In particular, divorce may include navigating a number of disputes regarding property ownership, finances, and child custody. While litigation can certainly resolve these matters, it implies a great deal of time, money, and emotional labor. For that reason, more and more couples are turning to collaborative law to help resolve these disputes and move forward.
How the Process Works
So, what is collaborative law? With this method, each spouse has their own attorney who helps them navigate disputes outside of the courtroom. In fact, going to court is outside the process of collaborative law. The idea behind collaborative law is to reach fair compromises and avoid long, drawn-out, emotionally charged battles in court. If either spouse does decide to go to court, the process must be terminated, and the attorneys involved must excuse themselves from the case.
There are other professionals involved in collaborative law including child specialists, financial advisors, mental health professionals and more. These individuals assist in resolving disputes and share their expertise to help with decision making.
Collaborative law does require a contractual agreement. Each party must agree to a disclosure of documents, meaning they must readily and openly share documents and information pertinent to the matters at hand. They must also agree to split costs of outside experts that may be needed to reach an agreement. Each party must conduct themselves appropriately and behave respectfully. If children are involved, each spouse must work toward protecting children from being negatively impacted by the divorce as much as possible.
Collaborative law requires a certain mindset and desire to work together with your spouse as much as possible. This mindset can be difficult to reach, but is often worth it in the long run, resulting in faster resolution and significantly reduced costs.
Are you thinking about pursuing collaborative law in your divorce case? Contact us at Akman & Associates so we can discuss your case and the best way to proceed.