SC Law Blog

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Monday, October 8, 2012

Collaborative Family Law Process: Avoid Painful Litigation!

Suppose you and your spouse agree that you both want a divorce from one another and that you would like to avoid the traditional method of obtaining a divorce. Why? Perhaps you are worried about the stress and anxiety your children will experience if litigation ensues.  You may think that litigation is the only way for you and your spouse to obtain a divorce. However, you can avoid litigation by electing and choosing the collaborative law process. Regarding issues concerning the children, the collaborative process aims to minimize the trauma to the children’s lives.  A collaborative agreement may contain clauses that include such things as 'there should be no discussion of settlement issues in front of the children', that 'there should be no interrogation of the children', that 'access to the children will not be withheld and children will not be removed from the area'.

The collaborative process involves several informal meetings and discussions outside of the courtroom between you, your spouse, and your attorney as well as your spouse’s attorney. Other professionals may also be involved in the collaborative process and these professionals may include financial advisors, and mental health professionals. The goal of the collaborative process is to find an acceptable settlement of all issues for both you and your spouse.

The collaborative process is a recommended process because it represents an alternative option that allows disputes to be resolved more resourcefully and economically. The process is client driven and as such it allows the client to make the big decisions regarding family law issues such as divorce. All that you need to start the collaborative process is a mutual agreement with your spouse to pursue this alternative method of settling your dispute outside of the courtroom and an attorney who has been trained in the collaborative process.  Daniel Selwa is a trained collobarative law practicioner.  

Divorce is not an easy process; it affects the spouses and their families respectively. But, you making the decision along with your spouse to choose the family law collaborative process can make the process easier. Let Daniel Selwa guide you and your family as your family lawyer in this new innovative practice. 


  1. A distinction must be made between forms of divorce that are based in a court system administered under a system of law, and divorces that take place in quasi- or extrajudicial setting, i.e. without any formal supervision from the local court system. In both cases, once jurisdiction has been established, the lex fori will be applied to determine whether the local ground(s) of divorce have been satisfied and, if so, the marriage will be terminated with or without ancillary orders being made.

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