SC Law Blog

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Wednesday, August 15, 2012

Choose Collaborative Family Law Practice

Traditional methods of separation and divorce can cause a severe emotional crisis for all of those involved including spouses, children and other close family members. Collaborative law focuses on a settlement outside of the courtroom. Become part of the change; participate in collaborative family law practice today. The purpose of collaborative law is to provide a setting that encourages an honest exchange of information by both spouses that will take into account the best interests of both the adults and children involved. Collaborative law utilizes interdisciplinary team members including child specialists, financial consultants, divorce coaches, mediators and collaborative lawyers in order to assist you in reaching a timely and cost effective settlement of all issues relating to a divorce.

How do you know whether collaborative law is right for you? Often, people fall prey to the myth that collaborative law is for couples who are basically in agreement and get along but that is simply not true! Collaborative law is for those that agree they want to use a non-adversarial dispute resolution process.

What are the benefits of choosing collaborative law versus choosing the traditional route of litigation? In collaborative law practice, you and your spouse control the process and make the final decisions instead of the judge who controls the process and makes the final decisions in litigation. You and your spouse will communicate directly with the assistance of members of your team in a collaborative practice whereas in litigation you and your spouse negotiate through your lawyers solely. In litigation, divorces often get ugly because the spouses are involved in a process that is based on an adversarial system whereas in collaborative practice you and your spouse pledge mutual respect and openness.

Your attorney is critical in the collaborative law process. Your collaborative attorney will address the legal aspects of the divorce including parenting plans, division of property and assets, child and spousal support and the legal process. You will be supported and represented by your own lawyer during the process. You will also be able to communicate with your spouse and his lawyer in resolving your issues in an informal setting. Your spouse and his attorney are treated as part of a settlement team, not as adversaries.

Daniel A. Selwa, II, is certified as a collaborative law practicioner.  Make Daniel Selwa your collaborative family law attorney today. He has participated and completed the collaborative law training and has successfully been practicing family law for 8 years. Choosing collaborative law practice instead of litigation can save you time and money but more importantly can save you from the stress of a lingering adversarial process involved in litigation. Make the mature choice, make the choice for your children, choose collaborative law.
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  1. As a divorce lawyer for the past 17 years, I get to meet and speak to dozens of people every week regarding their relationships and the problems they encounter in their marriages. Having counseled thousands of people, I am privy to both the underbelly of marriage and divorce. In the same way that people get married by choice, they make a choice about the tone of their divorce.

  2. It's great to know that all you have to agree on is that you, "want to use a non-adversarial dispute resolution process" to benefit from collaborative family law. Divorce is tough enough without having to settle for having someone you have never met decide "who gets what" - including your children.

  3. Thanks for the advice. I will keep them in mind. Could be useful one day.
    Attorney Macon