Collaborative Divorce: Discreet, Civil and Fair

Practice Areas and Legal Definitions

Collaborative Disqualification

One of the unique features of collaborative law is the disqualification of the lawyers if all matters are not resolved and a judge is necessary to decide one or more matters. This might create a hesitation for persons considering a collaborative divorce, however, the vast majority of all collaborative cases are settled and, perhaps, for the very reason that the parties and lawyers share a higher commitment to negotiating a mutually-acceptable settlement without court intervention.

Significant Components

1. Neutral experts, when needed. Specialists in finance or emotional issues are available to assist the parties and attorneys, which results in a more productive and holistic process. Neutral experts receive the same objective data; the fees are less; both sides are involved in the information-gathering and findings. The experts are part of a “team” approach.

2. The parties and attorneys will meet, read more about the meeting and negotiations.

Collaborative Divorce: 
Discreet, Civil and Fair

Collaborative Divorce

Saving Families One At A Time

Don't Draw Lines In The Sand 

Traditional Legal Process of Divorce

No longer meets the needs of most family members, assuming it ever did in the first place. Typically, one spouse would sue the other spouse for divorce.

That process is referred to as the adversarial process, or traditional divorce. Each party retains a lawyer, who takes control of the process on behalf of his or her client.

Court papers are filed (a Petition, or Complaint, for Divorce or Dissolution of Marriage) and the responding party, after being served, files with the court an Answer and Counter-Claims. The foregoing process is referred to as “pleadings”, which are Court papers filed by the parties at the beginning of the case, setting forth the issues or the procedural framework of claims by each side.

Posturing Begins

When the cooperation between the “sides” ceases. The parties are basically observers of the process, taking and obeying their lawyers’ advice, not having any control over the outcome.

Many clients are not at all pleased with the outcome and the aftermath of conflict which typically ensues. Many parties are shocked over the amount of fees and costs, even when a case is settled, as most cases generally are resolved at some point in the adversarial process.

Many clients are frustrated with delays and unsatisfactory answers from their attorneys, keeping them apprised of the status of their case. Ultimately, there is a huge risk taken when allowing a judge, who is a stranger to the family, to have absolute control over the matters raised.

What other options are there for a married couple considering the reality of divorce? - Collaborative Law

Offers a more humane process:

  • Less costs in terms of fees,
  • Less time in terms of duration of the process,
  • Less stress and inconvenience,
  • More discreet and private,
  • Less risk of having others in control of the final decisions.

Collaborative law is a type of alternative dispute resolution process in which the parties and lawyers all agree and commit to focus on problem-solving, not fighting.  In order to reach a settlement in which:

  • Both sides are comfortable,
  • Both parties are in control of the outcome,
  • Both parties and family members are allowed to be concerned with the continuation of established roots where desired.

Are You Interested In Setting Up a Consultation?  Contact Shelly Finman.