SC Law Blog

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Thursday, February 14, 2013

Collaborative Family Law Practice as compared to Traditional Litigation

English: Wedding rings Português: Anéis de Noi...
English: Wedding rings Português: Anéis de Noivado / Casamento (Photo credit: Wikipedia)

The word “divorce” carries negative connotations in society, rightfully so. Sadly, the fact remains that nearly 50% of marriages end in divorce. But, the good news is, there is a better way to divorce and its called collaborative family practice. The main goals of the collaborative family law practice is to avoid court, save time and money, focus on the children and to allow you to control the divorce proceedings as part of a settlement team. The collaborative practice adheres to the principals of honesty and candor, cooperation and respect, integrity and dignity and professionalism. Ultimately, you and your spouse are in charge of the content of the final outcome or resolution whereas in traditional divorce litigation, the judge controls the process and makes the final decisions.

The collaborative process will involve many informal meetings and discussions with you, your spouse and both attorneys. Other professionals may also be part of the process such as financial professionals and mental health professionals. Your collaborative attorney will work with your spouse’s attorney to create a mutual settlement that satisfies both spouses. In a typical divorce action, the lawyers fight each other in court. Court can be particularly stressful for everyone involved and specifically the spouses who have done all the negotiating through their lawyers. The collaborative process allows for direct lines of communication between you and your team and your spouse and his team.

Many couples come to a divorce with hostile feelings. Often times, the feelings will intensify during the divorce proceedings because of its adversary nature. Collaborative law replaces the fighting that takes place in a typical divorce action and replaces it with achieving fair solutions that are specifically tailored to the unique needs of your family.  Your collaborative family law attorney Daniel Selwa is available to discuss this unique process with you. Contact him today to discuss the collaborative law process and how it can benefit your family. 


  1. That was a very interesting article. I have been doing some research on divorces since one of my friends is going through a rough one. I want to see if there is anything I can do to help. SO far her lawyer Marshall Davis Brown has been nothing but helpful to her, which I am glad to see. Thanks so much for the article.

  2. Collaborative Practice is a new option for divorcing couples to resolve disputes respectfully without going to court. Thank you for sharing information about this subject.