Q: What is collaborative family law?
A: In family law matters, a new process, known as collaborative practice, exists where a divorcing couple, together with trained professionals – attorneys, child specialists, divorce coaches, and financial specialists – works as a team to resolve disputes respectfully and without going to court. The heart of Collaborative Practice or Collaborative Divorce (also called “no-court divorce,”) is to offer you and your spouse or partner the support, protection, and guidance of your own lawyers without going to court. Additionally, Collaborative Divorce allows you the benefit of child and financial specialists, divorce coaches and other professionals all working together on your team.
In short, Collaborative Practice is an alternative to going to Court. You and your spouse will each work with an attorney and other trained collaborative professionals, such as financial planners, child specialists and coaches. Through a series of meetings attended by you, your spouse and both of your attorneys, as wells as other members of your collaborative team, you and your spouse work together. The team approach allows you and your spouse to obtain the best help available with regard to the various issues facing you in your divorce.
Collaborative family law is a powerful and effective way for people who are divorcing to reach fair solutions and resolve differences, using highly trained and skilled professionals (like Attorney Brian Kramer), while avoiding the cost and uncertainties of litigation. Collaborative family law is about achieving a fair and equitable settlement and assessing and accomplishing the thoughtful restructuring of the family.
The collaborative family law process is progressive because it allows couples to obtain the positive advantages of legal, financial, psychological and personal assistance in sorting out the complexities of their divorce, while at the same time focusing on issue resolution and family growth while avoiding the harmful disadvantages of the adversarial litigation process.
Collaborative family law seeks to address the whole picture that is involved in a divorce. Unlike the adversary system, it recognizes that divorce is more than a legal procedure or event. A divorce is a time of intense distress for most people, and proves to be challenging for the parties and particularly for the children. In this collaborative process, parents and children tend to suffer fewer traumas, heal faster and have better relationships with each other after the divorce. Additionally, children are protected from the most devastating aspects of a family break-up.
Clients of Brian J. Kramer may choose to use the collaborative family law process to resolve their entire matter, including child custody and visitation issues, property division and support.
Post-divorce issues, such as adjustment of time with children or adjustment of support, can also be solved with collaborative law.
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