What Are The Advantages Of Collaborative Law?
Divorcing through the Collaborative law process means that your divorce will take place privately, outside of court, and with the help of a team of professionals assembled to best support the interests of the separating spouses.
When you begin the Collaborative divorce process, a team is created consisting of the separating spouses, each represented by their own attorney specially trained in Collaborative law. Collaborative lawyers are committed to working cooperatively with one another and put focus towards resolving disputes, rather than “inflaming a situation.” Collaborative lawyers are able to offer insight into the ramifications of any prospective agreements. By engaging in the Collaborative Law process, the parties involved must agree to be honest and share all information that pertains to the case. This is a highly beneficial way to avoid the expenses associated with litigation, such as interrogatories, depositions, Court appearances, to name a few.
In addition to the parties, a Collaborative team also includes two neutral parties who help both spouses reach agreements. A Collaborative Coach is a licensed mental health professional who helps both parties manage concerns and feelings, while also working to create an environment with constructive communication and conflict resolution. The Coach is especially useful when addressing the difficult conversations that relate to children, co-parenting, and family dynamics.
The Collaborative team also includes a Financial Professional who acts as a neutral expert. The Financial Professional assists both parties with understanding the assets, debts, and how possible divisions will impact both parties over time. Both neutral professionals help the parties and attorneys come up with viable solutions that are in the best interest of each individual and the family. If needed, additional professionals may be used, such as real estate agents, forensic accountants, or child specialists. Below are some of the additional benefits to Collaborative law.
Gain Mutual Understandings
During the Collaborative law process, both parties will need to commit to working together respectfully, honestly, and in good faith to try to find the best solution for both sides. An agreement is entered into by all members of the team at the beginning of the case that they will not go to court and are committed to resolving the case outside of Court. If the Collaborative process breaks down, both lawyers are required to withdraw, meaning the parties will both be required to find new counsel. This commitment to the process, and result if the process fails, leaves both parties dedicated to reaching a successful resolution.
Working With Collaborative Law Attorneys
Collaborative law attorneys are specially trained in this unique process. It is important for both attorneys to focus on working towards achieving the best possible outcome for both parties without litigation. Attorneys operate with the highest level of integrity and the intention is to always settle the case outside of the Courtroom.
While both attorneys owe a duty to protect their client’s interest, in accordance with the rules of professional responsibility, they also know that the way to best serve their clients is by working together toward an equitable and satisfactory outcome.
At Morneau Law, we are dedicated to assisting our clients by ensuring that the Collaborative law process is completed smoothly and with the goal that both sides leave feeling as though they were in control of the outcome and that their case was fairly settled.
Contact Morneau Law
Attorney Morneau is a collaboratively trained Attorney and is to offer her Clients the opportunity to divorce through the Collaborative law process. She has seen the process give individuals the opportunity to divorce with dignity and respect, avoiding an adversarial divorce filled with litigation. This Practice is client-centered and client-controlled. The process begins with a consultation to assess the individual needs of each Client. Call us today to schedule an appointment to discuss the Collaborative law path and we will discuss if your case is a good fit!
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