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Collaborative Family Law Overview

Collaborative Family Law Overview

In uncontested divorce proceedings, couples agree on the distribution of property, assets, and issues that relate to children.

In contrast, contested divorce proceedings result from a lack of agreement between a couple that is getting divorced.

In some contested divorce proceedings, only one spouse is seeking a divorce. In a contested divorce, spouses are unable to agree on all, or some of the issues generally involved in a divorce.

Oftentimes, spouses with children are unable to agree on the terms for child support, child custody, and child visitation. In addition, some couples cannot decide on an equitable distribution of marital property and debt.

Contested divorces generally take a long time, require a lot of money, and involve undue stress for spouses and any children involved. In fact, contested divorces can take years to reach a resolution.

In contested divorces, one spouse is required to file a petition for divorce and serve the petition to the other spouse in a legally acceptable manner.

In most states, a spouse that fails to respond to the petition is found in default, and a judge will grant a default settlement of divorce. However, most contested divorces end up with the spouses battling for assets and other marital issues present in divorce proceedings.

In contested divorces, divorce proceedings can be very time-consuming, and the dissolution of a marriage often takes quite a long time.

In fact, contested divorce proceedings often take years to resolve. Divorce proceedings that take that much time can cause vast amounts of stress for spouses and their families.

In addition, couples involved in contested divorce proceedings often end up spending greater amounts of money that were involved in the original dispute.

In fact, contested divorce proceedings involve many billable hours for both spouse’s attorneys, which can end up costing the couple a fortune. However, a larger issue in contested divorces is parental rights regarding any children that resulted from the marriage.

Generally, spouses have disputes about custody, visitation, and decision-making ability in regards to the children’s upbringing. In fact, cases involving children are generally the divorce proceedings that require the most time and attention. Disputes regarding child support are often decided as a separate issue by the court.

Contested divorces can end up costing couples more money than the inherent value of their respective assets. In addition, children become resentful and often feel abandoned while their parents take the time to battle in court.

Children do much better when their parents work together to reach a resolution. In addition, the overall health of spouses involved in contested divorces is generally put in jeopardy because of the stress and constant disagreement.

It is also difficult for parents to work toward a joint effort in raising their children in the best manner possible when they were unable to come to agreements during the divorce. Battles that result from divorce often carry over into their lives once the divorce has been granted.

Contested divorces often cause resentment for families that are already struggling with their new lives; couples that can take part in uncontested divorces, fair much better long term than couples who cannot reach a resolution on their own.

What You Didn’t Know About Collaborative Law Divorce

What You Didn't Know About Collaborative Law Divorce

Collaborative law divorces involve couples that wish to come to a mutual agreement on all issues related to their divorce, in the absence of legal intervention.

Generally, couples enter into these agreements by utilizing a collaborative divorce attorney.

Collaborative law divorces help couples to achieve a mutually beneficial agreement in a quick and efficient manner. However, a collaborative divorce attorney only represents the interests of one spouse.

In fact, a collaborative law attorney will generally not even offer advice to the spouse that is not his/her client. Collaborative law divorce is generally much cheaper than all other types of divorce.

For example, there are fewer steps, time, and money involved in this type of divorce, as opposed to a contested divorce. Couples that utilize this service often find that an agreement can be reached in a timely fashion while avoiding added conflict that is generally associated with litigation.

Generally, a collaborative divorce attorney requires that both spouses sign an agreement waiving their individual right to begin divorce proceedings in court.

In fact, the goal of collaborative law divorce is to avoid litigation and come to an agreement in the absence of intervention from the courts. However, after the process is complete, the collaborative divorce attorney will seek final approval from the judge in regards to the settlement.

In this type of divorce, spouses work together to achieve the best possible outcome for all involved parties, especially any children involved.

This process cannot effectively be utilized by all couples, as it requires that the couple spend time together, working through very difficult decisions. This process involves a lot of giving and takes on the part of both spouses.

However, spouses should realize that litigation will cost them both more money and time in the long run. Therefore, collaboration in the absence of litigation can save them more money than they agree to give up.

In other words, a spouse that agrees to an equal distribution of property may get a lower percentage of assets for which they had originally hoped.

In cases where couples cannot reach an agreement, they must retain the services of new lawyers; collaborative divorce attorneys do not take part in the litigation process.

In fact, couples involved in the process agree to avoid litigation but sometimes cannot do so because of a lack of ability to come to an agreement on all issues.

In general, couples arrive at an agreement by taking part in focused discussion in the absence of accusations and blame generally found in the courtroom.

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