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Then time, money, and emotions ensue to get a result as close to the position taken as possible. Position-taking and the adversarial nature of litigation may cause the parties positions to become even further apart and further away from a settlement.
If the case
is tried, results are limited by the options
provided by law. The court records of the case are
open to the public. By the time the case is over,
the parties may have spent a great deal of money on
attorneys fees, leaving far less money for each to
start a new life, and their relationship with each
other may be far worse than it had been before the
litigation.
Parents who are unable to
cooperate with each other or bear hostility toward
one another may damage their children emotionally.
Thus, the traditional divorce process can impact
negatively on the children of divorce.
Collaborative family law is designed to have couples
make an attempt to resolve their legal issues
cooperatively and non-adversarially. Options may be
greater than the minimum that the law allows. The
only lawsuit filed is for an uncontested dissolution
of marriage once a settlement has been reached.
So how do you get started in
getting a divorce the collaborative way? Your spouse
and you would need to agree to have your case
handled collaboratively. Each of you retains your
own lawyer who is specially trained in the
principles of collaborative family law and is a
member of a collaborative family law practice group.
Your spouse, you, and both of your attorneys meet in
a series of conferences and make mutually
agreed-upon decisions concerning your case.
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