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.
