Many of our clients dread the thought of the divorce process, and we encourage them to consider using the Collaborative Law procedure instead. Collaborative Law is not for everyone, but it should be considered. Surveys show that clients who utilize the Collaborative Law process are more likely to be satisfied with the outcome than with divorce litigation, and it certainly is far less stressful and draining not only on you and your finances, but also on your family.
What is Collaborative Law? It is a voluntary process to help you resolve your divorce or other family law dispute. Here is how it works:
You each hire a Collaborative Law attorney to assist and advise you at all times. You both sign a “participation agreement” which describes what issues you are attempting to resolve, you agree to disclose all relevant information voluntarily, that you will negotiate in good faith, that you may hire other experts (such as accountants, child therapists, etc.) to assist the process, and finally that if negotiations break down that the lawyers involved in Collaborative Law process will not participate in any litigation; each party would need to retain new counsel.
The Collaborative Law process was developed to allow people the “space” to negotiate their divorce or other family law issues without litigation, and to take the urge to litigate the situation in Court. The Collaborative Law process affords you have the benefit of a lawyer, and any other skilled professionals your family may need to complete the case; this flexibility is often unavailable (or at least more constricted) in Court. While neither party gives up the option of going to Court, by having the attorneys precluded from litigating (and thus requiring each party to retain a new lawyer), it certainly sets up a framework where everyone is committed to resolving the matter without litigation because they do not want to start from scratch.
Family Law and divorce are different than any other kind of legal dispute, and often shared interests are present, even with a spouse where you feel you can agree upon very little. Finding shared solutions can work to everyone’s advantage, even though in the “fog” of a family breakup it is hard to see or even imagine.
Gordon & Perlut, LLC has trained and experienced Collaborative Law attorneys who can assist you. Give us a call to find out and schedule a consultation.