If you reach a point in your marriage where divorce seems like the right choice, you likely look to the future with a refreshed perspective. What you are probably not looking forward to is the lengthy court process that often comes with divorce.
The field of collaborative family law exists to give divorcing couples a fair and amicable way to negotiate the terms of the divorce without subjecting themselves to the court. Once you understand the idea of collaborative law on a deeper level, you will be able to find the best path forward for your divorce.
What is collaborative law?
Collaborative law is a legal practice in which spouses undergoing divorce settle their terms outside of court. This gives individuals greater control over important matters such as asset distribution, child custody and parenting time that a judge might otherwise determine for you. A lawyer typically accompanies each spouse during collaborative law discussions, not as an impartial mediator, but as an advocate for their client’s rights and interests.
Is collaborative law the right option for you?
There is a common conception that amicable couples discuss divorce terms through mediation, while hostile divorces take place in a courtroom. Collaborative law is a middle ground for contentious couples who still wish to maintain good faith and a functional relationship. The presence of legal advocacy gives both sides a fair chance at making their priorities known during the process.
Collaborative law gives divorcing spouses a level of control over sensitive issues that may not be present in traditional divorce proceedings. It can be a helpful option for you if you wish to claim the rights that matter to you and respect your soon-to-be ex-spouse’s right to do the same.