Basics Of Collaborative Divorce

The collaborative divorce puts focus on reaching out a settlement without costly and acrimonious court battles. In a collaborative divorce, both the spouses hire lawyers who know to handle the collaborative divorce in the non-adversarial method. The couple and their lawyer work together in a “four-way” meeting, often without the help of a mediator.

Collaborative Team

The collaborative divorce often involves other professionals that work with the lawyers in the collaborative procedure. Some of the members who may be involved in collaborative divorce include divorce coach, financial specialist, and child specialist. You won’t employ all of them always —you and your divorce attorney San Diego can choose depending on facts of your divorce case and your requirements. In general, your lawyer will refer you out to some professionals in every field who are known with the collaborative procedure and can work efficiently with the lawyers and other professionals.

Collaborative Agreement

Spouses and their attorneys usually sign “no court” agreement for collaborative divorce at the start of the case, thus committing them to work collaboratively towards a mutually acceptable resolution, and requiring both the lawyers to withdraw from the case if either of the spouses ends the procedure and goes to the court. The “no court” contract is a solid incentive to follow with the whole collaborative process. In case, your divorce attorney, San Diego, and other professionals are all needed to withdraw from case, going to the court will need you to appoint a new team. This will be extremely time consuming and expensive.

Collaborative Divorce Meeting

Most of what occurs in collaborative divorce happens in the meeting. The very first meeting is between every spouse and her or his own collaborative lawyer. Then, both spouses, as well as their lawyers, attend a four-way meeting from the start of the case unless a settlement is finally reached. In between the meetings, spouses may need to do “homework” just like the spouses in mediation, like completing worksheets and collecting documents and information needed for meetings.

Using Law in A Collaborative Divorce

In a contested divorce case, lots of focus is put on what every spouse is “entitled” for and on legally correct results of any disputed issues. The attorneys argue about the law with each other. They try to influence the judgment of correctness of their particular interpretation of law since it applies to the case. What is practical, fair, or in best interest of the spouses as well as the children get lost in the shamble. The collaborative procedure is intended to inspect all the angles, in order that you finish up with a contract that is workable and equitable, even though it does not look just as what a judge actually would have ordered.

It is also likely to work with lawyers who make use of a collaborative approach even without “no court” contract. You as well as your spouse may decide to work together with attorneys who offer a collaborative approach to negotiate a settlement without needing you to sign an agreement and needing them to withdraw the case in case you litigate. It is sometimes known as “cooperative” divorce.

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Carrie Dominguez

Completed her graduation from Yale University with Honors. Marcia has lead her team and won two consecutive regional Championships. With only a few years of experience, she won the Best Advocate Award by the American College of Trial Lawyers. She has a keen interest in journalism also. She enjoys reading books in free time.

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