Too often divorce is a declaration or war. You’ve heard about the staggering losses of self esteem, inner peace and well being involving your friends and family; and when children are involved the hurt can last a lifetime. Collaborative Law is an alternative. Collaborative Law/Divorce is a worldwide movement that provides a mutually respectful, goal oriented process that spares all involved of the trauma often seen in traditional divorces.
Monmouth County Collaborative Divorce Lawyers: Uncontested Divorce Attorneys
Too often divorce is a declaration or war. You’ve heard about the staggering losses of self esteem, inner peace and well being involving your friends and family; and when children are involved the hurt can last a lifetime. Collaborative Law is an alternative.
Collaborative Law/Divorce is a worldwide movement that provides a mutually respectful, goal oriented process that spares all involved of the trauma often seen in traditional divorces.
COLLABORATIVE DIVORCE LAWYERS: COLLABORATION IS AN OPTION FOR CLIENTS WHO…
• Want to avoid court involvement
• Consider the children to be a priority
• Have an interest in meeting the interests of all family members
• Want to keep control over the divorce process; and
• Seek privacy over the divorce process and assets
|A “win at all cost” system pits lawyer against lawyer, husband against wife.||Husbands and wives, assisted by trained attorneys, reach a settlement with minimal antagonism.|
|Continuing conflict aggravates existing painful emotions.||A structured and controlled setting encourages trust and objectivity in the negotiations.|
|Legal costs soar.||Legal costs can be contained.|
|As the conflict escalates, children suffer.||Parties can protect children’s feelings and interests.|
|Confidential financial and personal matters become public record and open to scrutiny.||Since there are no public hearings, confidentiality is more easily maintained.|
|A judge divides property and establishes custodial provisions using standards that may not meet families’ particular needs.||Attorneys and spouses can craft more creative property agreements and custodial arrangements.|
|Negotiations all too often take place in crowded courthouses under intense pressure.||Negotiations occur in a neutral environment and on a timetable agreed upon by the parties.|
|Proceedings may be prolonged.||Agreements can be reached quicker.|
|Most of the cases settle, but only after damage has been done and substantial costs have been incurred.||Parties agree to settle at the outset, in a process conducive to helping them heal and move forward.|
Advantages to Collaborative Law with Uncontested Divorce Attorneys
The process allows the parties involved to maintain a more healthy relationship during and after the case is resolved outside of the traditional adversarial proceeding. Privacy is preserved in the collaborative law process.
The negotiations can occur prior to the filing of any pleadings with the Court, allowing the parties to focus on the issues while avoiding allegations about the other court ruling that may be unfavorable for both parties, there is complete control over the manner and timetable in which the agreement is reached. Settlements to which both parties agree are more sustainable over long periods of time and invite more consistent compliance, as opposed to traditional divorce and court ordered mandates.
Collaborative law is different from mediation in that the parties have an attorney involved in the process who serves as their advocate. In mediation, the mediator simply serves as a facilitator who does not seek to advance or protect either party’s interests.
If a client values working toward a peaceful amicable solution over winning at all costs, the client’s values will be honored in the Collaborative law process.
The requirement that all lawyers be disqualified in the event of a breakdown guarantees that all participating counsel will be totally and exclusively motivated to make the process succeed. Thus, all participants are equally and fully invested in finding a solution.
Many people find that the costs involved in the Collaborative process to be less than that in litigation.
In cases where there are tax concerns or other issues of financial propriety with the parties’ finances that cannot be presented in Court, Collaborative law presents a more attractive forum for the case to be resolved.
Everyone has an economic incentive to work toward settlement, even the lawyers because they would be forced to withdraw if a settlement is not reached.
If the parties have children, the direct communication in the collaborative law process helps to develop and preserve a cooperative relationship. This benefits the children as the parties go about the task of co-parenting during the process of divorce.
Collaborative law encourages creative solutions to meet the client’s needs which may differ from how the Court would apply the law to facts of the case.
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