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Collaborative Divorce/Mediation

Collaborative Divorce Law in Cherry Hill, Philadelphia, Princeton, & the Greater Philadelphia Area

Collaborative divorce is a way to resolve a divorce without litigation. There are many benefits to choosing a collaborative divorce lawyer to dissolve your marriage. The collaborative divorce process works for couples who want to negotiate their divorce in an informal and open setting. In a collaborative divorce, each person must hire their own collaborative divorce lawyer. Thus, one attorney cannot represent both parties in a collaborative divorce.

What Is Collaborative Divorce?

Collaborative divorce is a method that involves using two separate collaborative divorce lawyers to negotiate a divorce. A collaborative divorce seeks to specifically avoid litigation, which means it is less expensive and can be quicker. Overall, it sets a more collective approach where both parties can take control of the outcome without the unnecessary mud-slinging. In collaborative divorce cases, attorneys act as support for each party as they settle their permanent separation.

Why Choose a Collaborative Divorce Lawyer?

Divorce is not something anyone desires. It is not easy, but using a collaborative divorce lawyer makes it less difficult in many instances. When using a collaborative divorce lawyer, it is not about winning or losing, but about creating fair and financially secure outcomes for both parties. In a collaborative divorce, each party has a lawyer who supports them as they make tough decisions. In many cases, they also bring in impartial help. Often financial advisors are brought in to work out any financial issues, value and separate all assets and debts. Additionally, parties can take advantage of marriage nad family therapy to ensure each party understands how to properly communicate and co-parent, as well as establish rules to keep any involved children happy and safe. It is important to note that if the collaborative divorce process does not work out and the divorce needs to go to court to be finalized, both parties must hire new family law divorce attorneys. Collaborative divorce lawyers are trained primarily to find a resolution between two people, they are not trained to stand in a courtroom before a judge.

Benefits of Collaborative Divorce

There are many benefits to collaborative divorce. The biggest benefit is avoiding court litigation. Because of this, you can remove some of the anxiety the process may cause and your divorce is generally quicker and less expensive. Another benefit is that you avoid vigorous court battles and in most cases, maintain an amicable relationship with your ex-spouse. You have the authority to decide how your divorce is done and both clients must agree to all terms.

FAQs

There are many variables that affect how long a collaborative case will take. First, and most importantly, is the parties themselves. If the parites are willing to cooperate and keep an open mind, this can assist in moving the process forward faster than two parties who may still be emotionally blocked or unable to get along. Second, are the number of professionals ivolved. If you are utilizing more experts to assist in negotiations, this can add to the length of time to finalize. Third, the length of the marriage and the number of joint assets and debts and their complexities will make the collaborative process longer. A couple who was married for one year and owns one house together will have a shorter divorce than a couple married for 20 years with 3 houses together. A collaborative divorce lawyer can advise you on what to expect.

A divorcing couple can not use the same collaborative divorce lawyer. Although the collaborative process is very open, honest, and informal, each parties’ interests must be protected and cared for by separate collaborative divorce lawyers. Collaborative divorce is less aggressive than court litigation which is why each party needs an advocate explaining the process, laws, and their rights. Also, separate lawyers can negotiate and find an agreement that will make both sides satisfied.

Collaborative divorce and cooperative divorce are very similar. They are almost exactly the same except for one huge difference. In a cooperative divorce, should the process not work, either party can choose to go to court and use their existing lawyer. In a collaborative divorce, if the process does not work and you realize you need litigation, you will need to start over and hire a new family law divorce attorney. In a collaborative divorce, the collaborative divorce lawyer will sign a legal document at the beginning of the case. This legal document will state that if the divorcing couple chooses litigation, the collaborative divorce lawyer will give up the case and their client will need to hire a new attorney.

There are many reasons a collaborative divorce is great for couples with kids. When both parents are working together, it is more likely for an amicable and peaceful agreement where all members of the family feel a better sense of comfort. Additionally, in a collaborative divorce, parties can consult therapeutic experts who can assist in making family-specific recommendations. This unbiased view helps keep the children safe and happy during the divorce process. A collaborative divorce lawyer will guide you through the process.

A collaborative divorce can be less expensive than a traditional divorce. There is less time and money spent on court and legal fees. While situations vary, an uncomplicated situation would be far less expensive to resolve through collaborative divorce. To make a collaborative divorce as cost effective as possible, it is very important to hire a trustworthy collaborative divorce lawyer.

Please reach out to Martine, Katz Scanlon & Schimmel, P.A., with offices in Cherry Hill, Princeton and Philadelphia, for questions or inquiries regarding the collaborative divorce process. Their trustworthy collaborative divorce lawyers are experienced in the collaborative divorce process. We will be happy to help you negotiate and finalize your collaborative divorce.