Divorce Guide

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Collaborative divorce process

Collaborative divorce is alternated Dispute Resolution model (ADR).Collaborative divorce process is where; both the parties agree to settle down the issues without the court interference. The process is same like family law. There is a series of the process where both the parties come together with their respective lawyers to resolve the issues. The objective is to identify the interest and priorities of the parties.

The collaborative divorce process was started the initial group on four family law layers. Process includes family law issues like: Alimony, Child custody, Child support, Debt payment, Property division and other issues are discussed.

Other than professional lawyers, there are coaches and neutral financial experts to guide the couple in resolving the issues. Child experts are also present if issues related to children are involved. The collaborative divorce process is legally acceptable. The lawyers appointed during this process cannot be appointed during court procedure.

Collaborative divorce process

  • The team of experts along with couples seeking for divorce is made.
  • While appointing the lawyer, see that the person is expert in collaborative law.
  • Both the parties sign a participation agreement. It states that both parties are ready to resolve the issues and their professionals can communicate with each other.
  • All the four people come together to discuss the issues,.
  • Information is collected in one-on-one meeting with lawyers to help out the family members.
  • Once the decisions are made, the lawyer drafts the documents stating the settlement details

Generally, the negotiation made during the collaborative divorce process is fair. If any of the spouses decides to walk out from the process, their respective lawyer has to withdraw the case. The parties cannot seek for the courts advice once they sign the agreement. The process is entirely different from normal divorce process. It is entirely confidential.

There are many advantages of collaborative divorce

  • You can take decisions on your own. You are also a part of making the agreement.
  • This process is a team event so to be a mediator is not necessary. There is a team approach to settle down the dispute.
  • It is economical process. Unlike courts proceeding, it saves time and money.
  • There is cooperation between both the parties. The focus is made only on the settlement.

It is not right for every case. The decision to opt for collaborative law entirely depends on the attorneys. Feel free to consult with them about your case. Educate yourself with few legal matters before you decide to choose this process. The commitment should be from both the parties. The couple should agree to the terms of the settlement process. Both the parties should have a positive approach while entering into the agreement.

The collaborative divorce process is way to practice the law where both the lawyers assist their parties in resolving the conflict.

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