Collaborative law, could it help your divorce?

If you were able to reach an agreement in a civil setting free of the name calling, dirt digging, threats and accusations would you avoid going to court?

There is a process which is called Collaborative Law that started in 1990 by a Minneapolis divorce lawyer Stuart Webb, he was frustrated with the fights within the court room, so tries to get the couples to reach an agreement without going through litigation.

Both you and your spouse have your own lawyer, they meet and agree on financial, psychological, assets, debts, child custody and spousal support. The process is confidential and is aimed at reaching an agreeable settlement, quicker and cheaper.

The divorce petition is then filed, and submitted for a judge’s approval.

The downside of using the collaborative process is that if the two sides do not reach an agreement and then the case has to go to litigation, the lawyers used cannot be used for the court fight, this then can become more expensive than litigation alone, as you basically have to start over again with new lawyers and experts.

Lawyers of collaborative law suggest the possible cost hike can be an incentive for couples to agree on divisive issues.

It is said that some Lawyers do not like the idea of collaborating law as its less money in the pot for them. A couple using collaborative law could cost a couple from $6,000 to $20,000 depending on the case, while going to court in the same case would cost at least $20,000.

This system will work for some, but if you feel that you will end up in litigation anyway, or you want to fight in the courts then the collaborative system we suggest is not for you.

Source: law.com