What is Collaborative Law?
Collaborative law is a method by which both spouses hire collaborative lawyers. These are lawyers who specialize in working cooperatively to settle divorces and who agree not to go to court. Collaborative lawyers will approach the divorce with a happy settlement as the objective, and agree to share information and ideas.
Who Should Consider Collaborative Law?
All couples may wish to consider mediation if they:
- Want to avoid huge litigation fees
- Want a speedy divorce
- Want to spare themselves and their children the trauma of dramatic courtroom scenes and protracted litigation
- Want to have their settlement decisions rest with themselves, rather than with often unpredictable courts
Can only One of us Hire a Collaborative Lawyer?
Collaborative lawyers will only take cases where both spouses have hired collaborative lawyers. The lawyers sign an agreement before starting the divorce that states that if they are unable to settle the case, the spouses will have to hire other attorneys to go to court.
Do I Have to Meet with My Spouse during a Collaborative Divorce?
You will most likely have to meet with your spouse during a collaborative divorce. Many collaborative lawyers utilize a 4-way conference approach, where both spouses and both attorneys get together and work towards an agreeable settlement.
Is Collaborative Law Expensive?
Hiring a family lawyer to be your collaborative lawyers is, on the average, far less expensive for both parties than hiring traditional divorce attorneys. This is because collaborative divorces take less time and do not involve court fees and trial attorney costs.
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Last Modified: 06-10-2009 10:05 AM PDT
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