The matter of terminating a marriage can be complicated. There are many things that have to be elaborated and the legal process can quickly become contradictory and controversial. An alternative to resolve the details of family law issues in court is to participate in a process known as the Collaboration Law. In the last twenty years, the collaborative law has become an increasingly popular approach to the solution of family issues, although it is not appropriate for all cases.
The collaborative law is a voluntary process in which the two parties attend a series of meetings, with their lawyers, and other experts, as necessary, to reach an arrangement. The parties agree with the ruling not to go to court and instead participate fully in the process of the collaborative law. To decide if the collaboration law is right for you, it is important that you consider the pros and cons of the collaborative law approach.
Advantages of the Collaboration Law
Some of the advantages of the collaboration law include:
- The agreement to participate in the collaborative law requires the parties to be kind and act in good faith;
- Both parties must disclose all relevant facts. While the same can be said of the legal process, it is less expensive for each party to simply disclose all relevant facts than to be involved in the legal discovery process.
- Both parties must agree not to use “other” mistakes made by the other party, thus encouraging open communication;
- The promotion of open communication and the emphasis on reaching an arrangement allows the parties to find ways to work together. That can be important if the couple has children, especially if they are minors and will need to continue communicating with each other, after Let the divorce end.
Disadvantages of the Collaboration Law
Some of the drawbacks of the collaboration law include:
- If the process does not translate into an agreement, the lawyer who represented the parties in the collaborative law process may not represent the parties in court;
- If the process does not translate into an agreement, both time and money will have been wasted and the couple will need to participate in a “traditional” divorce based on judicial procedures to end their marriage.
For these reasons, it is important to consider whether the collaboration law is likely to work for you. Candidate attorneys are required to analyze the potential of candidates and review the pros and cons of the collaborative law approach for their clients, before the process is initiated so that each client can make an informed decision about to continue, or not, go ahead with the process.
Collaborative law is often referred to as the equipment for the approximation of a divorce settlement. There is no opposing party. Instead, those who will soon be former spouses, each represented by a lawyer, will work together to reach a divorce settlement by mutual agreement. That said, if a team approach is not possible due to domestic violence, abuse, fear, intimidation, coercion or other aspects of significance, then the law of collaboration may not be the best approach. However, it is an important option that should be considered by any couple who is divorcing.
Talk to a lawyer qualified in Family Law today
This article is intended to be useful and informative, but legal issues can become complicated and stressful. A lawyer qualified in family law can attend to your particular legal needs, explain the law and represent you in court. Take the first step now and contact a qualified family law attorney near you to discuss your particular legal situation.
