Collaborative law can be a great avenue for resolving your divorce issues. Collaborative law is focused on helping you stay out of the courtroom and working together with your spouse to come up with solutions.
Both parties who are involved in the collaborative law process do need to retain their own attorneys. Aside from that, the goal is that the dispute will be resolved in a way that both parties are happy with.
Are you able to go to court if you decide to pursue collaborative solutions?
Part of the method is to work together. If you decide that you want to go to court and have a judge rule instead of working toward a solution outside court, then the collaborative process’s contract will end and you will need to find a new attorney to work with. That’s why you should be cautious to choose the right attorney to work with and be sure that the collaborative law process is right for your situation.
What are some of the rules of the collaborative law process?
When you decide to go through the process of collaborating, you will agree to a few things. For example, you will both need to come prepared with all your financial documents and information regarding your assets. You will need to agree to be respectful of one another. You also agree to a contract that states that you won’t go to court. If you do, it ends the process and everything starts from scratch.
What happens during the process of collaborating?
The collaborative process starts with you hiring an attorney who is happy to participate in these negotiations. Hire one who is familiar with mediation and negotiating, because the goal is not to go to trial.
After you hire an attorney, the next step is to take time to meet each other privately. When you do that, you’ll be able to talk freely about what you expect and would like to see as a result of the collaborative process. Your attorney can talk to you about what to expect as well as your minimum goals.
After this, you’ll meet with your spouse and their attorney. Collaborations may happen many times, so don’t be surprised if you don’t finalize your settlement on the first day you meet. You may need to involve other professionals to help move things along as well.
Your attorney will work closely with you throughout the process. Once a settlement is reached, the attorneys can draw up an agreement for both parties to sign.