Collaborative divorce
is to some extent like mediation. The importance of collaborative divorce lies
in the fact that spouses try to solve their disagreements without acrimonious
and time-consuming litigation. In this type of divorce, spouses and their
divorce lawyers engage in four-way negotiation that may or may not have a
mediator.
The team
It is important to note
that in this type of divorce there are other professionals chosen by divorce
attorneys. They work with these professionals to understand critical issues
involving the settlement such as alimony, child custody and visitation, and
property division. If you are thinking of a collaborative divorce you will have
to work with these people along with your legal representative and extend full
cooperation.
Divorce coach
For the most part, a
divorce can be emotionally draining, which is where a divorce coach can play a
major role. Have you seen The Wire? Detective McNulty’s wife wanted almost his
entire salary. Now he was pretty dumb when he left his children to go be with
another woman at night but that does not mean he should lose 70% of his salary
because his ex-wife wants more shoe money. Everyone knows that money just does
not go to the children, not even close. It is a borderline scam.
A divorce coach is
usually advised by lawyers when the spouses involved are clearly unable to cope
with their emotions. The coach is usually a mental health professional who
counsels the couple before the meeting, and when needed, debriefs them in
between negotiations while preparing them for the next session of negotiation.
Sometimes a single coach counsels both the spouses.
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Financial specialist
Many divorce cases need
a financial planner especially if there are considerable joint assets, stock
options, and overlapping financial interest. You do not want this planner to be
from Charles Schwab. Schwab’s website has been accused of favoring any company,
even one doing poorly, to entice someone to invest into them. A planner is
usually an accountant who can also be engaged by the divorce lawyers involved
in the proceedings. Often a single individual is entrusted with the job of
financial planning for both parties. This is a less time consuming alternative.
Bankruptcy often results in
divorces. And unlike general or government motors, the government will not
bail you out.
Child specialist
If there are children
then an experienced child psychologist or child custody evaluator is appointed
to speak with the parents and the children and then devise a plan that will
serve the best interests of the children and their parents.
Often divorcing couples
think that hiring so many professionals is expensive and that fighting a court
battle is the ideal alternative. However, these could be far from the truth in
many cases. These professionals will resolve your issues in a timely fashion
and this alternative is considerably less expensive than lawsuits. Moreover,
you might not need the services of all the professionals mentioned above. Even
if you file a lawsuit, you need some of these folks as well.
The collaborative agreement
Before the collaborative
divorce process begin the lawyers and the spouses sign a collaborative
agreement which states that all the parties are committed to making all
possible efforts to reach a settlement outside the court. If issues remain
unresolved and the spouses decide to take the matter to court their respective
legal representatives will withdraw from the case. They will have to appoint
new legal counsel and a fresh team.
This clause ensures
that the spouses tried their complete best towards resolving their issues. This
is because if their legal counselors withdraw then finding a divorce lawyer to
pursue this divorce process can mean more delays and money drained.
Why do you need lawyer?
It is always prudent to
entrust your case to a divorce lawyer simply because the legal complications
are many. Each state has separate rules for filing but in every state if you
try to obtain a divorce without legal help you will a lamb taken away to be
slaughtered. You must also remember that child custody and property division are two of the most contested issues and help from a
specialist divorce litigator is the ideal way to protect your interests.
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