The emotional repercussions of the breakdown of a marriage make divorce one of the most complicated of all legal processes. However, complicated court appearances and stressful litigation are not always necessary. For those that are seeking a more respectful method of resolving the issues and want settle outside of court, collaborative law is an excellent option. The Collaborative Law process sets rules, boundaries and guidelines to assist families in reaching a resolution that meets the needs of everyone. There are many experienced attorneys throughout the state of Massachusetts that are collaboratively trained to assist individuals in this regard.
What is Collaborative Law and is it right for you?
Simply put, collaborative law is a non-adversarial a means of settling all aspects relative to dissolving a marriage without any court appearance or intervention. Rather, the parties will take part in several meetings with professionals of varying specialties to come to a mutually agreeable settlement arrangement. It also creates a process to manage conflict and focuses on goal oriented negotiation rather than position based negotiation. The Collaborative Process helps people preserve relationships with the children and help the parties (rather than the lawyers and judges) control the ultimate decisions in the your divorce. If you believe that you and your current spouse are willing to proceed through the negotiation process with respect for one another, and with the understanding that any solution needs to suit all involved as best as possible, including any children of the marriage, then collaborative law could be the answer for you. Each of the individuals involved must also be willing to disclose any financial and personal information to determine the most lawful and proper settlement outcome.
In addition to reducing stress by avoiding court involvement, collaborative law is also more cost-effective than litigating the case and having a trial. When spouses are not in agreement, excessive time and resources will almost inevitably be used.
If you are ready to take an active role in your divorce settlement and feel that Collaborative Law may be right for you, you may contact our office directly or review information from the Massachusetts Collaborative Law Council to learn more about the Collaborative Process.