Let’s face it: getting divorced can be an emotionally charged experience, particularly if the proceedings become contentious. One way to avoid the acrimony that can arise in a marital breakup is by pursuing an approach known a collaborative law divorce.
Collaborative Law at a Glance
There are three overarching principles of a collaborative divorce. First, this approach is designed to avoid litigation and intervention by the courts. Further, the parties must engage in a good faith exchange of information and evidence without going through a formal discovery process. Finally, the parties must agree to communicate in a manner that will advance the highest priorities of the divorce.
This approach involves the considerations typically associated with divorce, such as the division of property, spousal maintenance, child custody and child support. The divorcing spouses and their respective attorneys must agree in writing to not litigate the matter and to negotiate a settlement, however. A collaborative law divorce is unique in that it relies on an interdisciplinary approach in which other professionals, such as psychologists, child specialists, accountants and other financial experts collaborate with the attorneys.
If an agreement cannot be reached, the parties can still take the case to court, but they both must replace their attorneys. Moreover, if either party violates the principles by hiding assets, lying about relevant information or acting in bad faith, the attorneys can withdraw from the proceeding.
A collaborative divorce is not right for everyone, but for many families it can be a healthier and more cost effective way to move forward. By staying out of the courtroom, parents often find it easier to protect their children from unnecessary conflict and focus on creating workable solutions for the future.
If you are considering divorce in Maryland or D.C., our firm can help you understand whether a collaborative approach makes sense for your situation. At the Law Offices of Johnine Clark, P.A., we guide clients, especially fathers, through the process with clarity, integrity, and care. Contact us today for a consultation and take the first step toward a resolution that protects both your rights and your family’s well-being.
