If you are married and have decided to divorce, then you first need to obtain legal advice from a solicitor. The sooner you know how to navigate the process, the sooner you will know what to anticipate when going through a divorce.
When you meet with a lawyer, you and he will discuss your situation and then he will outline your options and recommend whether you are a candidate for legal aid. He may also suggest that you consider using collaborative law or mediation. These two options are normally available only at the start of the divorce process, so it is essential to obtain a lawyer’s advice early.
The Collaborative Law Process
Collaborative law, itself, is a new method used to resolve disputes. It works by removing the dispute from the courtroom setting and working toward a resolution. If you choose this process, you and your spouse will retain separate solicitors, each of whose job is to come to a settlement. No one goes to court. If the court becomes involved at all, the process ends and both lawyers are disqualified from the case.
When conferring with family law solicitors in London, you and your spouse will sign a contract that agrees to honestly and openly disclose all the information and documents related to your divorce. Neither spouse can take advantage of an inadvertent error. Instead, mistakes are recognised and corrected. Each of the parties in the divorce also agrees to behave respectfully by making every effort not to vilify each other. Both parties also agree to keep their children insulated and act in a manner to minimise the impact of the divorce.
A Win-Win Solution
In addition, both parties agree to use outside experts when needed and share the related expenses. Experts might include real estate appraisers, parenting consultants, vocational evaluators, or accountants. When collaborative law is used, the main goal of the process is to realise an amicable outcome and create a win-win solution for everyone.
Again, neither of the parties can seek or threaten a court action for resolution. If either of the parties do decide to go the judicial route, the lawyers, as stated above, must withdraw their services so the process can start anew in the court system. Collaborative law recognises that a couple’s emotional issues cannot be addressed by lawyers. Therefore, the idea of collaboration is to bring certain issues to the forefront so a resolution or settlement can be made.
Many times, the arguments that ensue between couples in a divorce have to do with the emotional and psychological pains they are experiencing. Collaborative law is a way to avoid disputes and settle a divorce in a dignified and orderly fashion.
Statistics reveal that over 90% of divorce cases can be resolved without a trial. When collaborative law is used to settle disputes, hurtful statements that can be made part of the public record can be avoided and a resolution can be made before any attacks are commenced in a courtroom. If you are seeking a divorce now, consult with a solicitor and enquire about collaborative law. Divorce is an emotional process. Therefore, do all you can do to minimise the pain that accompanies this type of activity.