Divorce and separation can be stressful for families, however, your divorce does not need to cause family conflict.
Whether you have children you want to protect or just want to come out of a divorce without confrontation, you may be wondering what options you have. If this is the case collaborative family law may be the answer. So, what is collaborative family law?
Here we will outline what collaborative family law is, who can use it and what happens if it does not work.
What is collaborative family law?
Collaborative family law is a team approach to divorce and separation. The focus is on collaborating to achieve a mutual agreement on the terms of your divorce rather than confrontation. This approach works for previous partners who are able to communicate and come to an agreement with the help of lawyers.
If you would like to learn more about the benefits of collaborative family law, read our article here.
When should you use collaborative family law?
Deciding whether collaborative family law is right for your divorce, should be a personal decision that evaluates the benefits of collaboration for yourself and your family. Often collaborative family law is appropriate for partners who continue to have good communication despite the separation. This process will require the eventual agreement on the terms of the divorce. If this is not something that seems possible then there are other options to achieve a good outcome from your divorce. Speaking with an experienced family lawyer can help you understand which route is best for your circumstances.
What is the difference between collaborative family law and mediation?
Both mediation and collaborative family law are designed to help partners work together to agree on the terms of their divorce. Mediation involves a neutral third-party mediator that acts as a go-between for the negotiation. Collaborative family law requires the partners and their lawyers to come to an agreement on the terms of the divorce without the intervention of a mediator. Both processes require the individuals to be represented by lawyers throughout the entire process.
Understanding the collaborative family law process
Often previous spouses consider the collaborative family law process because it is considered quicker and easier than a contested divorce. However, this is not always the case. The length and ease of the collaborative family law process depend on your ability to collaborate and the matters that need to be agreed upon.
These steps outline the general process of collaborative family law:
- Decide if it is right for your circumstances
- Discuss with your spouse
- Consult a lawyer experienced in collaborative family law
- Agree to start collaborative family law
- Start the negotiation process
- Agree to the terms of your divorce
What happens if collaborative family law does not work?
Sometimes spouses who agree to collaborative family law are not able to come to a mutual agreement on the terms of their divorce. This does not mean that you cannot continue with your divorce.
If you decide that the collaborative family law process does not work, your lawyer will help you to pursue a contested divorce. This means that you and your spouse are not able to come to an agreement on the terms of your divorce and require court intervention. In this case, your lawyer will represent you, file all necessary forms and ensure you are meeting all requirements to get the best outcome from your divorce.
Collaborative family law can be effective in achieving an amicable divorce with your previous spouse. However, it is important to consult with an experienced family lawyer who can advise you on your rights and whether collaborative family law is appropriate for your divorce. Contact Epstein & Associates for a free consultation.
This blog is made available by the law firm publisher, Epstein & Associates, for educational purposes. It provides general information and a general understanding of the law but does not provide specific legal advice. Any specific questions about your legal concerns please contact us now and speak to an expert today.