To
resolve a family law issue with as little stress and cost as possible, you
should consider the collaborative process. It’s a type of alternative dispute
resolution where you benefit from having your own attorney, but it’s not an
adversarial approach. The goal is to address the parties’ needs as much as
possible without resorting to litigation, yet you may choose to litigate if the
collaborative process fails.
Nearly
all family law disputes are resolved through negotiations. Collaborative law
reflects that reality, and the process is driven by negotiation and
cooperation. The traditional family law approach to cases is that litigation
and negotiation are parallel. With a collaborative approach, litigation is a
possibility if negotiation efforts fail, not something the parties engage in
during the collaborative process.
How
Does the Process Begin?
Each
party hires their lawyer, and neutral professionals such as accountants, mental
health experts (divorce coaches), or child psychologists, as necessary. It’s
similar to mediation in that the parties agree to make the process as amicable
as possible, including not using particular language or making accusations.
The
team members and the clients sign a Participation Agreement. The stated goal is
to remove the litigation threat and keep the parties cooperating to come to a
resolution. The contract describes the issues involved and states that the
parties will do the following:
- Negotiate
in good faith
- Provide
all relevant information
- Work
diligently to reach an agreement
It
also states that if the process ends without an agreement and the parties wish
to litigate:
- Both
attorneys and any other professional involved must resign
- The
parties will obtain new counsel
After
the Participation Agreement is signed, the clients, attorneys, and neutral
professionals meet to negotiate a resolution of all the issues. An agenda is
created before every meeting to encourage efficiency and avoid surprises.
Potential choices are brainstormed for each issue, and options are created,
analyzed, and prioritized. Respect and civility are maintained so the parties
can resolve complex issues while maintaining their relationships. The divorce
negotiations are based on the parties’ goals and interests, and the process
focuses on solutions to meet the family’s unique needs.
Collaboration
- Not Litigation
The
parties cannot use or threaten litigation to reach their goals. If they do, the
process must end, and the parties need to retain new lawyers because the
lawyers who signed the Participation Agreement can no longer participate in
resolving the dispute. Collaborative law is usually less expensive than
litigation but may take longer and be more costly than mediation.
Collaborative
law fosters open communication and mutual agreement. Lawyers fully inform their
clients of their rights and what they may be entitled to if they choose the
litigation approach, but they’re not overzealous advocates when working on a
settlement.
Everyone
seeks a mutually beneficial solution. This can be less costly in money, time,
emotion, and energy compared to the traditional court-driven approach, but can
also help the parties maintain a healthy ongoing relationship. This is
essential when the parties are co-parents who share child custody.
You
must know how property
division law works and what you may be
entitled to, but the law doesn’t have to drive the process. The goals and needs
of your family do. A neutral financial expert may help collect, review, and
analyze financial information. They would then offer a balanced evaluation and
solutions to the couple's financial challenges.
Like
other issues, child
and spousal
support negotiations are guided by your
family’s goals and needs. Child
custody can be a costly battleground during
traditional litigation. A collaborative approach could involve a coach to help
the parties communicate and work through meetings where an agreement can be
reached. A child psychologist may also be part of the team to give an expert,
independent opinion on what arrangement would be in the child’s best interests.
After
a resolution is reached, written documentation of the agreement and necessary
court forms are prepared and signed. All Agreements are legally binding. The
parties then “put their divorce through” either in person or via Zoom, or “on
the papers” if they so choose (judges in most counties accommodate divorces “on
the papers”).
The
Same Approach Can Be Taken With Pre- and Postnuptial Agreements
Collaborative
family law can also help a couple create a prenuptial
or postnuptial Agreement. These Agreements set forth how financial matters will
be addressed if the couple divorces. A Prenuptial Agreement is made before the
marriage, and a Postnuptial Agreement is made during the marriage. They may be
especially helpful if a party has children from a prior relationship, brings
substantial assets to the marriage, or owns a business before the marriage.
Contact
Kingston Law Group for Help with Family Law Matters
For
help with a divorce, child custody, or support matter, call us
at 609-683-7400 to arrange a near-term reduced-fee initial consultation.
Kingston Law Group takes a collaborative approach when it’s in our clients’
best interests. We will listen to your facts, discuss the law, and advise you
of your options. We accept credit cards and offer appointments between 9 a.m.
to 5:30 p.m., Monday through Friday. We
also have pre-arranged evening appointments. Contact us today. You will be glad
you did!!