Capital Region Legal News

Sunday, May 15, 2016

The Road Less Traveled: Collaborative Law Divorce

Can I divorce my spouse without going to court?

Let's face it: divorce is common, so much so that 50% of first marriages end in divorce; and second and third marriages fair even worse. As the song goes, "breaking up is hard it do," but that is not to say ending a marriage needs to become an endless cycle of anger, pain and accusation. For those who want to take the road less traveled and bypass the conflict normally associated with divorce, there is an alternative: collaborative law.

What is collaborative law divorce?

Collaborative law divorce is a form of alternative dispute resolution aimed at avoiding litigating a marital break-up in court. It is designed to put aside the acrimony that often arises over questions of dividing the marital property, spousal support, and child custody and support. In a collaborative divorce, both parties and their attorneys must agree in writing that they will not pursue the case in court and negotiate a settlement.

If a settlement cannot be reached and court intervention becomes necessary, the parties must find new attorneys. In addition, the purpose of collaborative law is to allow the parting spouses to communicate more effectively and engage in a good faith exchange of information without the legal discovery process that occurs in a litigated divorce. The parties cannot conceal information about assets, however, or negotiate in bad faith. If either party does so, or otherwise lies about material information, the attorneys can withdraw.

A Team of Professionals

One of the hallmarks of collaborative law it its reliance on other professionals, including psychologists, child specialists, accountants and other financial advisors, who work with the parties and their attorneys to navigate the legal, economic and emotional complexities associated with divorce.

Ultimately, pursuing a divorce through the principles of collaborative law can preserve family unity and minimize the harm that children often experience in a contentious divorce litigation. Moreover, this approach is less costly, quicker and especially helpful for divorcing spouses who hope to remain friends after the marriage ends. If you have questions about collaborative law divorce in the Capitol Region, call the law offices of Ianniello Anderson at (518) 350-7755 today.

Avoid The Financial Pitfalls Of Divorce

The collaborative divorce process is one where you and your spouse negotiate an acceptable agreement with some professional guidance and support. 

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