Collaborative Law
by Myah M. Osher
by Myah M. Osher
Collaborative Law is for those who have decided divorce is the answer but do not want to suffer through the traditional divorce process. Rather than litigating in a courtroom, the parties agree beforehand to handle the case outside of the courtroom. Below is how the collaborative law differs from the traditional divorce model.
In the collaborative law process, clients each hire a collaboratively trained attorney. Such attorneys are taught how to truly listen to each client’s needs, the importance of bringing experts into the process (such as a financial advisor or a child expert), and how to work with the other attorney and client involved.
Rather than go to court and have someone who does not know the parties make decisions for them, the parties themselves make all of the decisions. This allows husband and wife to decide among the two of them who will get which belongings. This leaves parents with parenting plans that will fit their children’s needs, created by those who know their children best.
Clients going through the collaborative process also have the advantage of having no time limits. With the court involved, there are hearing dates and trial dates that force the parties to either (1) compromise under the threat of trial or (2) endure the extreme expense of litigation. Instead, collaborative clients take their time figuring out what is best for their family. Once the clients have made every decision—as quickly or slowly as suits their needs—their attorneys file the paperwork for them. The clients never have to see a judge or step foot in the courthouse; instead, they can focus on coming up with the best divorce agreement and their attorneys handle the rest.
For the most complicated cases, collaborative law is the best means of addressing all concerns. When building a house, a general contractor usually has the ability to do everything required. However, it is ideal to have a plumber install the plumbing, an electrician wire the house, and a roofer build the roof. Collaborative law allows for the attorneys to act as general contractors, a financial planner to determine the tax consequences of decisions and how spousal support should be addressed, a child expert provide insight toward the parenting plan, and even mental health coaches to allow the parties to address the emotional components. This not only helps the most complicated cases flow more smoothly but it also saves a lot of money. For example, rather than venting to an attorney, the client can speak to a mental health coach, who is trained for that purpose and who oftentimes has a lower hourly rate than that of the attorney.
If you have any questions about collaborative law or any of our other services, please contact our office with the information below.
