Divorce does not always have to mean a lengthy courtroom battle. For spouses willing to cooperate, compromise, and work toward a common goal, collaborative law offers another way to resolve important family law matters.
At Smith & Smith Law Office, LLC, we help families explore options that can resolve conflicts more efficiently while preserving cordial relationships. For the right family, collaborative law lets both spouses stay actively involved in decisions that will shape their family's future.
What Is Collaborative Law?
Collaborative law is a process designed to help divorcing spouses resolve major issues without relying on the court to make those decisions for them.
Both parties must agree to participate, disclose relevant information, and refrain from courtroom litigation while the collaborative process is underway. A collaboratively trained attorney represents each spouse.
Discussions and negotiations take place during team meetings that may include both spouses, their attorneys, a neutral divorce coach, and a neutral financial professional. Everyone involved shares the goal of working toward an agreement.
A team prepares an agenda before each meeting so the parties know what will be discussed. The number of meetings needed depends on the complexity of the issues and each party's willingness to compromise.
What Can Be Addressed Through Collaborative Divorce?
Collaborative law can address many of the same issues that must be resolved during a divorce.
These may include child custody, spousal support, financial matters, and other issues affecting the family. During team meetings, the team gathers and shares information and develops solutions with both parties' goals in mind.
Rather than having a judge make important decisions for your family, the collaborative process gives spouses greater control over the outcome.
Once the issues are fully resolved, the attorneys prepare the necessary documents so the court can finalize the divorce.
Who May Be a Good Fit for Collaborative Divorce?
Collaborative law requires participation from both parties. It may be a good option when spouses are willing to cooperate, compromise, disclose relevant information, and sincerely work to reach an agreement.
The process can be particularly valuable for families who want to preserve a working relationship after divorce. This may be especially important for parents who will continue making decisions and raising children together long after the divorce is finalized.
Collaborative law also allows families to approach difficult issues with the shared goal of finding solutions rather than preparing for a courtroom battle.
However, no single process fits every family. Understanding your circumstances and goals is an important part of determining whether collaborative law is appropriate for you.
What Happens if the Collaborative Process Does Not Work?
Participation in collaborative law represents a commitment to resolving the matter outside of litigation. If the collaborative process ends without an agreement and litigation becomes necessary, the collaborative attorneys generally cannot continue representing the parties in the related court proceeding.
This requirement is an important part of the collaborative model and gives everyone involved an incentive to try to resolve the matter genuinely.
Because of this commitment, it is important to understand the process before deciding whether collaborative law is the right approach for your divorce.
Finding a Better Way Forward
Divorce can involve difficult decisions, but families do not always need to leave those decisions entirely in the court's hands. Collaborative law offers spouses an opportunity to work together, maintain greater control over negotiations, and develop solutions that address the needs of their newly separated family.
At Smith & Smith Law Office, LLC, our Lucas County collaborative law attorneys enjoy helping families work together to resolve disputes and secure positive results for themselves and their children.
If you are considering divorce and want to learn whether collaborative law may be a good fit for your family, contact Smith & Smith Law Office, LLC to discuss your options.