Many couples going through divorce today are opting to use collaborative family law instead on going through conventional divorce, and for good reason. The collaborative process is more direct and efficient than litigation, as both parties often agree from the start to seek a non-adversarial settlement for the good of their family and future relations.
To help you better understand how collaborative divorce works and whether it could be right for you, read on for 2 frequently asked questions about the process.
How does it differ from conventional divorce?
Collaborative divorce focuses mainly on reaching a settlement between separating couples through cooperation other than litigation. Both parties hire a qualified divorce lawyer to help with negotiations and ensure a fair agreement that meets the interests of each spouse and the children involved.
Collaborative law typically takes off litigation off the table, emphasizing that the spouses reach an agreement out-of-court. This is usually beneficial as it fosters a two-way spirit between both parties, which usually eliminates the negative consequences of traditional litigation. Instead of relying on a judge to decide sensitive issues such as child custody and visitation rights, both parties work with the help of their lawyers to come up with a resolution that works for them.
The spouses thus don't view each other as adversaries fighting in a courtroom, as is the case with traditional litigation, which can be very productive and eliminate the hostility usually associated with divorce. Typically, collaborative law also requires that both parties retain a common financial advisor to play a neutral role in ensuring a fair settlement that serves the interests of all involved.
How does it differ from mediation?
Mediation processes are typically presided over by an impartial third party appointed by the courts to lead both parties into a productive and fair settlement. The mediator isn't usually allowed to offer any legal advice to either party, and can recommend that the process go to court if negotiations fail due to an uncooperative or stubborn party.
In collaborative divorce, the goal is still to reach a settlement outside the courtroom and reduce hostilities in the process. However, divorce lawyers, like Dennis M. Walters, PC, committed to settlement through cooperative strategies rather than litigation take charge of the process to keep negotiations balanced and productive while giving their clients legal advice.
There is also no threat that the matter could go to litigation, so both parties can work in a relaxed environment where they can move more quickly towards a fair resolution.Share
19 July 2016
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