Divorcing couples that are choosing to work together to reach a settlement agreement often do not see the benefit of working with a divorce lawyer throughout the process. You may wonder, how can a lawyer help me with collaborative divorce? Collaborative divorce attorneys work with you to provide legal advice for all the traditional divorce issues you will face including spousal support, child custody, child support, and property division.
Legal Help in a Collaborative Divorce
Many clients will not understand what a collaborative divorce is and how to proceed through one. However, with legal support, the process becomes less complex and difficult to muddle through. The primary goal is to work through and solve the problems that the relationship had before it came to the end where a dissolution is the only way through. Because of this, the lawyer’s job in these methods is to protect the client from making mistakes and attempting to resolve the arguments with discussion, facts and solutions to the previous and present problems. With a conclusion to the divorce issues, it is possible to keep an amicable relationship with the other spouse.
The Lack of Disagreements
Collaborative divorce is similar to other alternative methods to litigation such as mediation or arbitration. There is often a significant lack of disagreements between the parties that result in a civil case. Because of this, it is possible to resolve the remaining concerns both spouses may have in ending the marriage and dissolving the relationship legally. The division of assets and debts, custody and support for the noncustodial parent or the other spouse are all necessary items to solve. The process may require much less time when all other disagreements are no longer important or even exist in the end.
The Important Tasks
Pursuing the most important matters in a divorce is of the utmost significance when ending a marriage. Whether this is about the children or the assets and debts, both parties must understand what is crucial to handle and how to resolve the issues of the divorce. A lawyer is able to help throughout the entire process with information, communication, tasks and paperwork. The method of dissolving the relationship may remain confusing without a legal professional. However, by making a list of the most critical and immediate concerns to the least important, the spouse may learn how to use a collaborative divorce properly.
Agreements out of Court
Similar to mediation, a collaborative divorce may provide a situation between spouses to end the marriage without the need of the court’s involvement. There is no need to obtain a judgment about certain issues because both parties are willing to agree and compromise about certain concerns. The problem exists in how to resolve specific items and how best to come to a binding agreement that satisfies both spouses. Who gets primary custody or if joint custody is the better arrangement is often one of the primary issues.
How to divide certain assets such as a marital home or cars in both names of the spouses is usually a top item on the list.
The Similarities to Mediation
Collaborative divorce processes are usually similar to mediation in that they save both parties time, money and are less formal than arbitration or litigation. Legal representatives help and support clients through information and understanding how best to achieve the goals of the dissolution of the marriage. It is both spouses that will decide the post-settlement conflicts’ resolution. It is possible to negotiate the results that work for both spouses. The lawyer will assist through removing confusion about the state laws and by helping find solutions to problems. There are usually no other expenses than the lawyer and the usual administrative costs.
Negotiations and the Lawyer
Through the legal support given by the lawyer in the divorce process, it is possible to proceed to negotiations. These normally require knowledge of what the spouse wants to accomplish and who should have primary custody or if joint custody for children is the best outcome. Through discussions, meetings and communication that remains open and honest, both spouses may solve the conflict they have. The client must express what he or she wants out of the collaborative divorce for a comparable resolution.
Hiring the lawyer is the first step once the collaborative divorce is an inevitable outcome of the marriage. Then, both parties may come together and begin negotiations to settle arguments and remove other complications that could halt a successful conclusion. Through legal support, the client may avoid litigation with the other spouse.
If you still are wondering how can a lawyer help me with collaborative divorce, reach out to our law firm today. We will explain to you the benefits of working with an attorney and how you can protect yourself during the divorce process.
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Our team proudly serves the Greater Houston area, including but not limited to Brazos County, Cypress, Fort Bend County, Galveston, Houston Heights, Houston, Humble, Katy, Kingwood, Memorial Houston, Montgomery County, Montrose, Richmond, Rosenberg, Spring, The Woodlands. All marriages are different, making each divorce equally unique with its own set of needs that must be addressed. Contact our law office to explore your options moving forward, and find out how we can help you.