Collaborative Family Law And Divorce
The divorce process is never easy. Even couples who agree that divorce is necessary are faced with the difficulties of separating their families and dividing their property and debts. When you and your spouse are facing divorce, it is important to remember that you have options. Collaborative law is one way to minimize the resources and time spent in court. At Bleczinski Kleiman & Klein, LLC, we are experienced, trained collaborative law attorneys who can assist you in reaching a solution economically out of court.
What Is Collaborative Law?
An exciting, new form of alternative dispute resolution is called collaborative family law. This is an integrated, multi-disciplinary approach to resolving issues involved in divorce. In this approach, the parties sign a contract agreeing not to take the matter to court, but rather to make a good faith attempt to reach an agreement on all issues. Each agrees to fully disclose their assets to the other party. If no agreement is reached, and a party decides to litigate, both attorneys must resign.
An important part of the collaborative law process is the use of a multi-disciplinary team of professionals to assist the parties as needed. This team may include experienced domestic relations lawyers for each party, mental health professionals, a mutually selected neutral financial adviser and a child specialist, all trained in collaborative divorce. For more information, visit Collaborative Family Law Affiliates.
Is The Collaborative Process Right For You?
The collaborative law process works best for couples who are interested in a non-combative forum in which both parties are able to express their interests and objectives while working towards an agreeable solution. Although the collaborative process is a more a cost-effective approach, it is not for every family. Collaborative law is well suited for families that are willing to work cooperatively and openly toward reaching agreements out of court that focus on the interests of the entire family not only during, but also after the entry of a decree in divorce. You may also consider other forms of alternative conflict resolution, including arbitration and mediation.
How Are Disputes Resolved In The Collaborative Process?
Most divorcing spouses will have some disputes, even when they are generally in agreement about the divorce. Through the collaborative process, you and your spouse can work towards solutions involving asset division, property settlements, alimony and spousal support, child support, child custody and other marital issues. The collaborative process requires a full and fair disclosure of assets, liabilities and incomes as well as a candid discussion of all issues. An experienced collaborative attorney will protect your rights, your financial interests and the best interests of your children throughout the process.
Mediation and Collaborative Law
While the courtroom is an appropriate setting to handle many disputes, it can make domestic matters more complicated and ultimately result in decisions that neither party wanted. Mediation allows you and your spouse to resolve differences out of court. With the assistance of a mediator, you can focus on the important issues and work towards a tailored solution for your family. At Bleczinski Kleiman & Klein, LLC, our attorneys have experience both as mediators and advisers for clients participating in the mediation process.