Why Do I Need a Lawyer for Collaborative Divorce?

Attempting to solve the matters in divorce is often a less combative situation than how the divorce process generally works in a courtroom setting and through a fight between the spouses. However, knowing if the need for a lawyer exists may depend greatly on the circumstances and how well each party is able to progress through collaborate divorce.

Divorces are often difficult to get through even if the parties are peaceful and amenable to the terms. However, many divorces lead to disagreements with the assets and liabilities. In these situations, it is best to have a legal expert to explain the matters and help to ensure the best possible circumstances for the client. The lawyer may help to ensure a solution, provide answers to certain issues and stop the fighting with the other spouse and lawyer. This may conclude with a peaceful arrangement and an end to the dissolution without continued arguments.

Collaborative Divorce Explained

Most divorces are the fighting against the other spouse and attempting to win out the situation with the most to gain. However, in a collaborative divorce, the goal is to negotiate a conclusion and end the matter with a solution. It is important to solve the problem before both parties. The process is generally easier and less complicated due to the mediation and compromises in negotiation that the collaborative divorce provides to the court. Certain areas require this process as a first step in the dissolution of any legal marriage. However, for this process to complete properly, both parties must remain willing and voluntary.

Understanding the Matter

Lawyers are often part of legal proceedings as a font of information. The legal professional may understand the situation in a way that the client does not. The person in the divorce may need more details or continued assistance and support. Though collaborative divorces use mediation to provide a solution, a lawyer may still giver guidance, advise and support. He or she may explain how the process works and what to do at certain points in the case. He or she may even suggest certain ideas or paperwork to use. The lawyer may not have a direct hand in progressing the proceedings, but he or she may help the client significantly throughout the event.

The Collaborative Divorce and the Lawyer

While mediation does save the clients time and money, lawyers hired for such events may increase the fees temporarily. The collaborative divorce is informal with an open dialogue and increased communication between both clients. It is important to ensure that information is free and available for exchanges. The lawyer may need to file and send various documents to the client. He or she may also explain how to reach the conclusion in the best possible manner for the client. It is important that the person progressing through the divorce have an open and connected relationship with the lawyer to increase communication and trust.

Proceeding through the Collaborative Divorce

Even if the state mandates that the mediation is necessary, the collaborative divorce provides several benefits to the divorcing couple. The entire process generally saves both parties money and time. It is informal with a conference room available for an open dialogue with all members present or just the two spouses. The post-settlement conflict is between the married couple unless they both choose to seek another process. Negotiations are open and may work for each person individually. Hiring a lawyer for the procedure is beneficial and could ensure support and legal knowledge to better improve the outcome.

Negotiation and communication are key for mediation processes. Both parties are there voluntarily and willing to compromise on the outcome by ending the matter peacefully and quicker than litigation takes. They are also able to save a significant amount of money and time, so this generally lends a friendlier attitude for each spouse. It is important to know what the person wants, but he or she must remain willing and open to compromise. Negotiations rely on the ability to stay flexible and change the goals of the outcome.

Hiring the Lawyer for Collaborative Divorce

It is important to hire a lawyer that fits the client and the situation. He or she should not have an attitude to aggressively seek out the end result but support the client through the process. A lawyer in collaborative divorce may also need to explain and help the client through negotiations and why he or she must compromise certain items.

Provided by HG.org