 | What is Collaborative Divorce? |
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- What is Collaborative Divorce?
This is a process of reaching an agreement regarding the division of property and about your children without having a trial at Court. It is a cooperative way to approach the many issues that must be resolved in your case. Each party is represented by a lawyer specially trained in collaborative techniques that are used to assist the parties in discussing and expressing their concerns. The attorneys avoid the use of intimidation and aggression and, instead, work to "collaborate" and to calmly and reasonably reach a settlement.
- The Parties and the Lawyers sign a contract, promising not to go to court...
At the outset of the case, everyone signs a Collaborative Participation Agreement. This is a contract that clearly sets forth how the collaborative process works. It also states that neither side will take the matter to trial. Without the threat of Court, there is a firm committment to settling the matter and negotiating in good faith, with lawyers who are trained in making this happen.
- The collaborative process allows the parties to construct their own agreement...
The parties and their attorneys meet together and work together to arrive at an agreement. The attorneys are involved in all of these meetings but the clients make the decisions. This method of meeting together helps the process to be more efficient.
- What if the case cannot be settled?
If the parties cannot reach a settlement, then they hire new counsel and proceed to a trial at Court. The collaborative attorneys cannot engage in litigation. Hiring good collaborative lawyers will prevent the case from ending in impasse so you need to be selective in who you hire.
- What lawyers know how to practice collaborative law?
The Cincinnati Academy of Collaborative Professionals (CACP) is a group of trained collaborative lawyers. You can visit the website at collaborativelaw.com. You can also ask me for a referral list. You will want your spouse to have a good collaborative lawyer so that the process goes smoothly.
- Advantages of collaborative law...
Collaborative law provides the clients with a non-litigious method of terminating their marriage. Because it is cooperative, it is less adversarial and therefore easier on the parties and on their children. It will almost always be less expensive than engaging in a trial. It will almost always take less time than a trial.
- Use of other collaborative professionals...
In some cases, it may be useful to use a Family Relations Specialist or a financial consultant. It is best to consult with me before making any decision regarding an additional professional.
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