Litigation often causes hostility. Collaborative law is designed to prevent, limit, or end that hostility. This can be especially important in cases where, as angry as you might be with your spouse, you recognize you will have to work with them in the future to co-parent. It can also work in divorces where the parties don’t hate one another; they just don’t love each other any more either, and have decided to part ways.
In collaborative law, parties and their attorneys sign a contract agreeing that they will not ask the Judge to resolve their dispute. Instead, they will consult with various professionals, exchange information openly, and resolve their divorce themselves in advance of formally filing for divorce.
To learn more about collaborative law, I encourage you to check out this site.
There is a pitfall of the collaborative law approach. If either party decides not to honor that contract, both attorneys must withdraw and the divorce starts over. The situation is already ripe with mistrust and fear. Otherwise, you wouldn’t be considering a divorce. At Held Law Firm, we simply aren’t comfortable with that risk. So, we usually file the divorce first. That way the courts can protect you from harassment on your job and prevent your assets from being sold, and establish a parenting plan first. This approach ensures that your decisions won’t be clouded by fear. From there, we work toward a sensible resolution with your spouse. Meanwhile, you are protected from any effort your ex might make against you.
