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The Colwell Law Group, LLC
N/aDivorce does not always have to be a contentious and emotionally divisive process. In fact, for many couples who are committed to resolving their divorce amicably, which is ideal especially when children are involved, there are alternative routes to the traditional courtroom divorce battle. At the law offices of The Colwell Law Group, LLC, our Albany collaborative divorce lawyers can help you to understand the benefits of a collaborative divorce, and how to settle your divorce while protecting your interests and emotions. Call today to learn more and discuss your case with an experienced divorce attorney in Albany.
Collaborative divorce is one of the newest forms of alternative dispute resolution and seeks to settle a divorce without going to court in Albany. In a collaborative divorce, both parties agree to approach divorce resolution amicably and with an open mind, and the process is very client-, child- (if involved), and family-centric.
Essentially, each party in the divorce will be represented by their own attorney, but rather than just talking with their own attorney, the parties will work together to find a resolution that works for everyone. As an Albany attorney could further explain, collaborative divorce is often praised as being superior to traditional divorce because it is less expensive, less contentious, and puts power in the divorcing couple’s hands.
Some divorcing couples decide to part ways fairly amicably and only need legal help when it comes to filing their divorce papers. Others can’t agree on anything and need attorneys and judges to intervene in order to resolve their disputes.
Many, however, find themselves somewhere in the middle of these two extremes. They are willing to come to agreements about some issues outside of court, but not everything. For example, they may have differing ideas about how to settle things like property division, child custody, child support, and spousal support. But they don’t necessarily want to take these matters to court. For such couples, collaborative divorce provides a nice middle ground that an Albany attorney could help with.
Additionally, collaborative divorce is cost-efficient and effective. It allows couples to avoid the adversarial judicial system, which is often ill-equipped to handle the emotionally difficult process of ending a marriage. And it’s great for couples who would like to dissolve the marriage in a way that respects both parties and protects any family members involved. Divorce proceedings can be particularly hard on children.
The collaborative approach is also attractive to couples who would prefer to resolve their issues in a free, open, and informal way. It also allows you to:
The terms “collaborative divorce” and “mediation” are often used interchangeably. Yet while the two processes certainly share some similarities, they are actually not the same. Consider these differences:
During a private consultation, an Albany attorney could answer any further questions about the difference between a collaborative divorce and mediation.
In an Albany collaborative divorce, each party signs an agreement, including both spouses and each respective attorney. In this agreement, they pledge not to threaten litigation and additionally, make pledges to:
Collaborative divorce works when both parties are far apart on some issues but want to resolve the divorce in as amicable a way as possible. The process employs collaborative legal experts, specialist experts such as financial appraisers, child psychologists, and others who have something to contribute to the proceedings.
In cases where one or both parties violate the terms of the collaborative agreement, they must both find new lawyers in Albany to litigate the divorce on their behalf. Collaborative divorce attorneys will not use the threat of litigation as a tool to leverage the other party. Once that threat has been made, the collaborative process is void and the parties must begin again in litigation.
It is when both parties come to the table with roughly equal decision-making power. In cases where one spouse is responsible for all the important decisions, collaborative divorce may not be the best option. This is also true in cases where there are allegations of child or spousal abuse. An Albany attorney can assess your situation and help you determine whether the collaborative approach would benefit you during your divorce.
At The Colwell Law Group, LLC, Attorney Kevin Colwell has completed training in collaborative marriage dissolution and is licensed to take on these cases. Mr. Colwell knows how to advocate for your best interests throughout the process, while also respecting you and your spouse’s agreement to resolve things without contention, and by working together.
We believe that when you are going through a divorce, you deserve a family law attorney who has the skills and experience to deliver the best outcome possible for your case. Experienced in divorce litigation and licensed in this type of divorce, our legal team is ready to represent you.
If you have questions about collaborative divorce and want to learn more about the benefits and the process, please contact The Colwell Law Group, LLC today. Our talented Albany collaborative divorce lawyers can be reached by phone, or you can write us a message through our website.
Seek the help of our experienced legal team today to go over your case and discuss how we can help
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