In everyday terms, a collaborative divorce is one where everyone works together to reach a common goal. However, in legal terms, the words “collaborative divorce” describe a specific type of divorce process.
A relatively new way to end your marriage, collaborative divorce is unique. It is a process that is client focused instead of lawyer driven. The goal of a collaborative divorce is to have all issues settled without litigation. In fact, in collaborative divorce all parties, including the lawyers, accountants, and child experts, have to sign a contract promising that they will not pursue litigation.
The contract also commits husband and wife and their lawyers to negotiate carefully and in good faith. The key and distinctive element in collaborative divorce practice is that all lawyers and potential experts must withdraw from representation if the clients cannot resolve every issue. It is thus in everyone’s interest to pursue resolution instead of litigation. If you do not reach an agreement on every issue, the case will start over and all of the professionals will be removed from the case. Collaborative divorce removes any financial incentive for an attorney to push a case to trial and sets a tone for all parties that compromise should be the main focus.
At Newton Law Firm, we bring the philosophy behind a collaborative divorce to every case we accept whether a client ultimately chooses collaborative divorce, traditional divorce, dissolution or mediation as the method of ending their marriage. Our goal is to always be collaborative. Just like collaborative divorce is client driven, our firm is client driven as well. We know that in the vast majority of situations, it is in the best interests of our clients to avoid a trial. Because we are invested in the future of our clients, we are invested in ensuring as non-adversarial approach as possible for every client that we represent.
At Newton Law Firm we can help you with the following:
- Determine whether collaborative divorce is appropriate for your case;
- Recommend and connect with other lawyers who expertly handle collaborative divorce for your spouse;
- Take over a collaborative divorce that was not successful.