Some issues with collaborative divorce, Part 1

Collaborative law is a harmonious way to divorce someone but it isn’t the only way, nor necessarily the best way. Collaborative law is a form of negotiated divorce in which both parties retain attorneys and try to work together toward a mutual divorce. But, the collaborative law also removes many of the investigatory and discovery aspects of traditional divorce, so you are trusting your spouse to make an honest production of evidence.

Remember why you are getting divorced. Opting for a peaceful solution does not mean you are going to get one. You need to consider why you are going through divorce carefully, if it is something that is likely to come up during negotiations, then collaboration may not be the answer for you.

In a collaborative proceeding, both attorneys agree not to file anything in court until a full agreement is reached. This ties your lawyer’s hands from taking more aggressive actions to move the negotiations along. Additionally, what if you are never able to arrive at a full agreement? You must hire a new attorney because your first lawyer is blocked from representing you in court due to the agreement.

If you are considering divorce, collaborative law may be the right choice for you. Collaborative law isn’t for every couple, nor should it be. But it is important that you ask your attorney about each divorce method so that you can make an informed decision. A family law attorney can advise you of the various pros and cons, so you understand the process.

FindLaw Network
Heidi L. Heinrich
Rated by Super Lawyers


loading ...