Collaborative Family & Divorce Law
Collaborative Family and Divorce Law was developed as an alternative to the litigated contested divorce. It allows couples ending a marriage to maintain a healthy relationship when that is appropriate, such as when the parties have children.
The Collaborative approach differs from the traditional divorce litigation process because it allows the parties to keep control of the process, rather than a judge. The clients agree not to go to court, so the process is more open and less adversarial. The goal is to enhance communications throughout the process and to reach an amicable settlement of the issues.
The Collaborative approach is based upon three principles:
The parties pledge in writing not to go to court
Both parties engage in an honest and full exchange of information
Each solution takes into account the highest priorities of both spouses or partners and their children
Once the parties decide to use the Collaborative approach, each spouse or partner selects a lawyer experienced and specially trained in the Collaborative Family Law Process to assist them throughout the process. Both parties and their attorneys sign an agreement not to go to court. The Collaborative Process is unique in that the spouses and their lawyers meet together for face-to-face discussions and negotiations without going into court.
When children are involved, their interests are given priority. A specially trained neutral mental health professional can help the parties stay focused on their priorities and to improve their communication skills. In some cases, another neutral Collaborative professional, such as a forensic accountant, financial planner or child specialist, may also be involved.
The goal of the Collaborative approach is to reach a fair settlement agreement. The parties, along with their lawyers, take control of the process to reach a resolution instead of having a resolution imposed upon them by a judge.
Although the Collaborative Process has been used mostly to resolve divorce, it can also be used to resolve other family related matters, such as: the negotiation or modification of pre-nuptial and post nuptial agreements; co-habitation agreements; domestic partnership agreements and disputes.
Call us at (305) 444-5554 or fill the form in the contact page to schedule a consultation.