Hi! I am Lee Rosen for the Rosen Law Firm. Our topic today is Collaborative Divorce. Collaborative divorce is the latest trend in family law. Robin Williams, the comedian had a collaborative divorce; the movie "Juno" even had a reference to collaborative divorce in it. You know what's popular in Hollywood often becomes popular across the country.
Collaborative divorce is a new way for a divorcing couple to work together as a team with trained professionals to result disputes respectfully without going to court. In a collaborative divorce, both spouses have the support, the protection and the guidance of their own lawyers. In many cases, in addition to lawyers, there are also other professionals involved. This might include experts like child specialist, financial specialist, divorce coaches. These advisers will be brought into consult about the matters in the areas of their expertise.
Collaborative divorce is different than some other popular options, it's not mediation, it's not arbitration. It involves the husband and the wife taking responsibility for their situation and resolving it in a way that works for their family. The central idea behind collaborative divorce is that the parties enter into a contract that requires them to settle their case without going to court. The contract provides for four things.
First of all, it provides that the parties will negotiate a mutually acceptable settlement without using the court to decide any issues at all.
Second, the attorneys and the other professionals will withdraw. They will walk away from the case if either party goes to the court.
Third, the parties will engage an open communication and information sharing.
And finally fourth, the parties will create shared solutions that take into account the highest priorities of both clients.
If you are one of those folks that says, we are only going to hire lawyers if we can't work it out and it gets really ugly, then collaborative divorce is for you. This process allows you to get all of the benefits of getting legal advice without any of the negative possibilities of involving lawyers in your personal life. Collaborative divorce lawyers help you make good decisions about financial issues.
For example, they advise you about all of the hidden pitfalls of the tax code, and the intricate rules that are imposed by the Department of Labor and the IRS governing the retirement plan distribution. They make sure you don't make document drafting mistakes that cost both parties in ways they didn't expect. Collaborative divorce lawyers make sure you understand the law, your rights, your obligations and the legal affect of your decisions.
Collaborative divorce gives you all the benefits of good legal representation without any of the negative factors. Both your lawyer and your spouse's lawyer must be trained in collaborative divorce law for the process to work. Collaborative lawyers are trained and skilled in collaborative law. They are excellent in creating an open environment that encourages the peaceful resolution of the issues. It's important however for you to realize that you are trusting your soon to be former spouse to be honest in the collaborative process, while the collaborative process will set the tone for full and honest disclosure The attorneys really only have a limited capacity to ensure that your spouse is being honest.
Like mediation and arbitration, collaborative law attempts to maintain a civil relationship throughout the negotiation process as well as after an agreement is reached. If either you or your spouse become stuck on a particular issue and can't make progress, then a mediator might be consulted to help with the collaborative process. If the mediator doesn't help you to come to a conclusion or if you decide not to attempt mediation, then what happens is both you and your spouse hire new lawyers, you terminate the collaborative process and you deal with the unresolved issues either in court or through arbitration.
Thanks to alternative dispute resolution options. When negotiations fail, you and your spouse no longer are forced to go to court. Although, some people still choose to fight their differences out in court. Knowledge of these options like mediation, arbitration, collaborative law give you other opportunities to try to settle your case without the financial or emotional burdens that generally come with litigation.
Couples can now reach lasting solutions that benefit both parties and their children. Collaborative divorce is a great new option as you explore the ways that you are going to resolve your divorce. Be sure to keep collaborative divorce at the top of your list. It's definitely worth your consideration. I hope that we helped you some today. I am Lee Rosen with the Rosen Law Firm. Thanks for joining me.
