Collaborative Law Attorney Overview

Lawyer Representation During Collaborative Divorce

Couples who choose to end their marriage through divorce must address a wide variety of legal issues, and reaching a resolution in these matters can often be a contentious, time-consuming process, especially if spouses choose to litigate their disputes in court. Fortunately, couples may be able to save time and money and reduce emotional distress by using methods of alternative dispute resolution such as collaborative law.

If you are considering a collaborative divorce, it is essential to work with a skilled family law attorney who can advise you of your rights during your divorce and help you resolve your legal disputes as efficiently as possible. An experienced collaborative lawyer will work to protect your interests while helping you reach a mutually agreeable resolution to your outstanding legal issues.

What Is Collaborative Law?

During a collaborative divorce, spouses will agree to work together to address and resolve their legal disputes with the goal of avoiding litigation. At the completion of the collaborative process, they will have a divorce agreement that addresses matters such as property division, child custody/parental responsibility, parenting time/visitation, child support, and alimony/spousal maintenance, and they will be able to finalize their divorce at a court hearing.

Unlike divorce mediation, in which a mediator serves as a neutral third party, spouses in a collaborative divorce will each be represented by an attorney, and they will usually agree to be open and honest with each other about their finances and any other relevant information. They may also choose to work with other experts such as accountants, home appraisers, counselors, or child psychologists throughout the process.

Depending on state laws, collaborative divorce may or may not be officially recognized as a method of resolving divorce disputes. However, spouses in any state can agree to use the collaborative process to reach a resolution to their divorce. Couples and their attorneys will typically sign an agreement at the beginning of the process stating that they will provide each other with information as requested, that communication between spouses during the collaborative process will be confidential, and that their attorneys will withdraw from the case if the collaborative process fails.

Collaborative law can be an effective way for spouses to complete the divorce process without the stress, uncertainty, and time-consuming nature of court litigation. However, spouses must be willing to work together and reach compromises, and if they are unable to do so, litigation may be necessary. If you are considering a collaborative divorce, you should consult with an experienced family law attorney to determine if this method will be beneficial for you and your family.