Is Collaborative Family Law Right for You?
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!!