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Posts from the ‘Collaborative Divorce’ Category

Do we have to go to court?

Not necessarily. There are other options to resolve your dispute. Family law professionals including mediators, parenting coordinators, arbitrators, and collaborative family lawyers are able to assist in out of court resolutions.

Some of these professionals, such as mediators, are neutral – they will not advocate for either party but instead work on both parties’ behalf. Other family law professionals, such as collaborative family lawyers, provide an out of court solution while still ensuring that each party has their own advocate.

It is also important to understand that you are allowed to try... MORE »

What is Collaborative Divorce all about?

Collaborative Divorce is about cooperating to solve your problems instead of fighting about it. The idea behind the collaborative process is to look at both parties’ goals and interests and try to address those to come up with a solution that can then be brought into compliance with the law rather than for both parties to hire lawyers and begin arguing about exactly what each party is entitled to.

This can be a great solution for parties who are able to focus on finding a solution rather than enforcing their rights.... MORE »

Are there any additional requirements or steps in a Collaborative Divorce?

Collaborative Divorce is unique in that you, your spouse and both of your collaborative lawyers must sign a contract agreeing that you will not go to court. If at a later point in time one of the parties decides that they do want to go to court then the lawyers will remain bound by that agreement and will not be able to continue to act for their clients.

This requirement adds an extra layer of incentive for the lawyers involved to work towards settlement rather than escalating conflict because they know... MORE »

Will a Collaborative Divorce treat me fairly in financial terms?

Collaborative Divorce uses the same system of financial disclosure as a regular divorce. Documents are drafted just as thoroughly and carefully in a Collaborative Divorce as in any regular settlement or family matter. Collaborative lawyers will still let you know what the law says about your property and support issues.

The difference is that Collaborative lawyers will encourage you to focus on finding a solution that feels fair to you and your spouse, rather than a solution which a politician or judge thinks is fair. In this way parties are often... MORE »