What you need to know about Collaborative Law
Collaborative Law Guide
Collaborative law, also known as collaborative practice, divorce or family law, is a legal process enabling couples who have decided to separate or end their marriage to work with their lawyers and, on occasion, other family professionals in order to avoid the uncertain outcome of court and to achieve a settlement that best meets the specific needs of both parties and their children without the underlying threat of litigation. The process allows parties to have a fair settlement. The voluntary process is initiated when the couple signs a contract (a “participation agreement”) binding each other to the process.
The collaborative process can be used to facilitate a broad range of other family issues, including disputes between parents and the drawing up of pre and post-marital contracts. As the traditional method of drawing up pre-marital contracts is oppositional, many couples prefer to begin their married life with documents drawn up consensually and mutually.
Collaborate and Listen
Collaborative law processes also have the added benefit of being cost efficient for the involved parties. As the necessary tasks in the Collaborative model are assigned to specialist professionals without duplication of effort, cost savings are realized.
In the Collaborative law method, both parties retain separate attorneys whose job it is to help them settle the dispute. No one may go to court. If that should occur, the collaborative law process terminates and both attorneys are disqualified from any further involvement in the case.
If you are considering filing for divorce — or are currently involved in a divorce, support, custody, or property division dispute — and believe that the Collaborative process may offer a positive resolution to your situation, the lawyers at McKean Smith have just the right collaborative family law experience you need for your case.
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