You always have the option of going to court. However, the collaborative divorce process is unique in that it requires both parties to sign a contract stating that your collaborative lawyers will not be able to represent you if you decide to go to court at a later date.
The reason that collaborative law works in this way is to provide an incentive for the lawyers involved in your matter to focus on resolving conflict and creating viable solutions for both parties. Collaborative divorce requires a level of amicability between the... MORE »
Most Recent FAQs
A collaborative lawyer can help you resolve your dispute while staying out of family court. The collaborative approach can be used to finalize your divorce in a cooperative manner. Collaborative family lawyers are specially trained, and in the process of collaborative law, two different lawyers will work with both parties by focusing on their goals and interests. They will then work to create a legal solution. It is often a more efficient and cost effective method than going to court.
Collaborative divorce is very effective for spouses who are able to... MORE »
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 »
Common law spouses are still legally entitled to spousal support, as long as they qualify as spouses under the Family Law Act. This act outlines that all spouses, even common law, are able to receive support.
Common law spouses are defined as partners who have cohabited continually for at least 3 years or more. If you and your partner have a child together, you may also qualify as common law partners as long as your relationship was somewhat permanent.
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If you wish to change the amount of spousal support outlined in a separation agreement, you will have to show the court that there has been a “material change in circumstances.”
This threshold can be met by changes such as a remarriage of your partner, a change in income, a lapse in time over which your spouse should have become self-sufficient, or changes to your children’s circumstances.
If your separation agreement included provisions regarding any of these situations, you may still be bound by what it states. However, your separation agreement could... MORE »