Collaborative Divorce helps divorcing couples stay out of Court while at the same time providing both you and your spouse with independent and dedicated attorneys. At the beginning of the collaborative divorce process, both you and your spouse along with your respective attorneys will sign a collaborative participation agreement. In this agreement, everyone agrees to stay out of court and in the event that either party decides to litigate, the two attorneys will be precluded from representing the respective clients in the context of the litigation. This good faith contract helps couples to settle their divorce issues in an amicable and cooperative manner and avoid the pitfalls of divorce litigation.
It is a good idea for you and your spouse to avoid court for many reasons. Firstly, legal fees really begin to mount and pile up quickly once the Court is involved in your divorce. The system requires many documents and deadlines as the Court will continually push the matter towards a trial so it can be resolved. You and your spouse will have to pay your attorneys to begin preparing for trial while at the same time trying to negotiate a settlement. Trial preparation is usually extremely time-consuming so if you are paying by the hour, the costs increase and increase very quickly. Conversely, in the collaborative context, everyone is focused on settlement. All costs and efforts are focused on trying to work out an arrangement that works for your family and situation.
Besides cost, there are many other reasons you should try and avoid Court. The Courts are busy and delays are a matter of course. It is true that divorce cases can sometimes drag on for years. Also, litigation can be emotionally taxing. If you and your spouse are airing your grievances in a public manner, it can build up feelings of anger and resentment. This makes it harder for couples to put aside their feelings and settle the case. It also makes co-parenting more difficult in cases with children. Finally, you have more control of your future and your divorce terms. If you go to Court, you are putting your future (and sometimes your children’s future) in the hands of one person – the Judge. Instead of having a stranger decide these important issues, you and your spouse should be making these decisions.
In summation, Collaborative Divorce can help you to save money, save time, avoid the emotional pain of litigation, and keep control of the terms of your divorce and your future. Collaborative Law is a great tool for divorcing couples to work towards a resolution without litigation and the negative aspects of litigation. Please call Danziger Legal PLLC and speak with our attorneys today regarding collaborative divorce.
Elliot Danziger is the owner and founder of the law firm
of Danziger Legal PLLC. Elliot specializes in real estate
transactions and divorce and family law...Read More