Friday, July 15, 2016

Is Collaborative Law Appropriate for Our Divorce?

In my view, no case is too complicated for Collaborative Law.  In fact, the more complicated a case is, the better it is to use the Collaborative process instead of fighting and using a standardized approach in litigation.

The question of whether to try Collaborative usually comes up more in the context of some cases that don't have a lot of moving parts.  Simple cases, with limited issues, may not need the Collaborative process.

It can be  a real judgment call to decide whether to use Collaborative or just try to quickly finish an agreement on limited issues.

So, how do you know if your divorce is appropriate for Collaborative Law?

If there are no kids and very little property, an informal approach would probably work, as long as there are no major fights.

But, here are some issues that call for the Collaborative Law approach:

1.  You have a custody conflict.  If both parents start out saying they want primary custody, Collaborative would be very helpful.  There are many options available and Collaborative is certainly a better option than going through a court custody battle.

2. You need a special parenting plan for the kids.  This might be a unique visitation schedule or special time-sharing arrangements. This often comes up when one or both parents have weird or changing work schedules.

3. There are conflicts over expenses, activities or educational needs for the children.  Collaborative Law provides a flexible and creative way to work out agreements that benefit kids while being manageable for the parents.

4.  Post-divorce financial help is needed.  There may be a great disparity in income, education or health between the parties.  Alimony may be needed and help with education expenses for a spouse may also be needed. Working in Collaborative, the parties can find ways to provide needed support post-divorce in affordable, but beneficial ways for both parties.

5. There are special financial needs.  There may be bills to pay off, a house to be sold, a new house to be purchased right away or assets that are hard to divide.  Collaborative Law gives you the time and flexibility to come up with appropriate, customized solutions.

Collaborative Law is not for just the easy cases or ones with very few issues.  It works well for custody issues and complex property issues.  If you are facing a divorce, it is in your best interest to contact a trained Collaborative Law attorney for a consultation so you can decide if the process would work for you.

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