An alternative to traditional adversarial divorce litigation
Divorce can often be very acrimonious. Disputes over property division, maintenance, child custody and visitation often lead to heated confrontations full of emotion and litigation. For spouses and parties seeking a more amicable and reasonable alternative to the traditional contested divorce, a collaborative dissolution model may be the answer.
In a collaborative dissolution, both spouses and parents are represented by a collaboratively trained and certified attorney. The collaborative law provides very clear guidance and procedures everyone must follow and each step happens with full disclosure and agreement. Each of the parties and the attorneys sign the collaborative agreement stating it’s their intention and contractual promise to resolve all issues of their divorce without going to court or litigating. In the event this agreement is broken, both the collaborative lawyers must withdraw and both parties must rehire litigation attorneys and start all over again. Collaborative dissolutions are not for every case or every situation, but it can be a great alternative to the combative and adversarial litigation process.
Divorce is not a “one size fits all” proposition
While some couples decide to engage in an emotional and painful divorce, others may turn to a more civil alternative. Collaborative Dissolution continues to gain popularity as an alternative to traditional court litigation. If you or someone you know wishes to consider Collaborative dissolution, call us at Soloman Law for a thorough discussion and evaluation of this alternative.
Defining collaborative dissolution
Collaborative dissolution allows couples to sit down with each other and their attorneys and discuss the terms of their divorce settlement including property division, child support, parenting plans, and maintenance. However, unlike mediation, which is facilitated by a neutral third party mediator, couples going through a collaborative dissolution process are accompanied by their attorneys and different specialists can be hired to help the parties find their final durable settlement for their case. With open dialogue and compassionate representation by their side, many people become encouraged and empowered to find their own solutions to the complexities of their family and divorce.
When entering into a collaborative dissolution, couples must agree to the following:
- Disclose all of the information pertinent to the case.
- Make decisions based on the best interest of everyone involved, especially the children.
- Work together and find areas of compromise to reach a fair and final settlement.
If a couple cannot agree to the terms of the divorce settlement, each party must get a new attorney to represent them during court litigation, and move forward with a traditional contested divorce.
Advantages of collaborative dissolution
- They can be quicker and less expensive.
- Often settled within 3 or 4 negotiating sessions.
- No required court date means more flexibility in scheduling.
- Less emotionally and financially draining than a court battle.
- Parental Relationships are more likely to be preserved post dissolution.
Collaborative dissolutions are an option for those couples who believe they can terminate their marriage with more care, reason and introspection than those who opt for traditional contested divorce proceedings.
If you are in need of a collaborative law attorney in Bothell, Mill Creek and greater Western Washington, we encourage you to contact Soloman Law at 206-355-4555.
today to learn more about how we can help you.