What are the Advantages of Collaborative Law?

It seems as if divorce is always associated with a lot of drama – fighting about who cheated, disagreements about money, who will get the children, and who will get the house – even when there is no drama to be found. What if there was a way that you, your attorney, your spouse and your spouse’s attorney could sit down and work out all of the details of your divorce in a civilized, cost-effective and private manner? Well, that way is called collaborative law, and it might be your answer to your desire for a kinder, less contentious divorce.

The appeal of the collaborative law process

Let’s begin by stating the obvious. Collaborative law is not for every couple. If your soon-to-be-former spouse is spoiling for a big fight or has certain mental health issues, or if the two of you can’t be in the same room without the police being called, then maybe you should stick to litigation. Even if you are no longer friendly with your spouse, if you both have the maturity to set your relationship differences aside and approach the process with an open mind, then collaborative law could work for you.

In a traditional divorce each party hires an attorney to advocate their best interests. If the two sides are unable to come to an agreement on the details of the divorce agreement, they will go to court and a judge will make the decisions for them. In a traditional divorce that gets litigated, the spouse with the most aggressive lawyer often gets the best results.

With collaborative law, both parties still get their own attorneys, but they work as a team with the goal of coming up with a divorce agreement that satisfies both parties. The lawyers offer advice and guidance and they will draft the final agreement after the negotiations are complete. If, during a meeting, emotions run high and no progress is being made, the meeting can be adjourned and reconvened after the parties have cooled down.

So instead of fighting out their differences in court, the separating couple sits across the table from one another and works out their differences as adults with guidance from their attorneys, financial advisors and any other specialist the couple might need to work out how their assets will be divided, develop a permanent parenting plan, work out parenting time arrangements and child and spousal support.

Collaborative law is also far less expensive than litigation. It is less adversarial for everyone concerned, and the process is much faster so that you can get on with your new life sooner.

Choosing the right lawyer

One vital aspect to be mindful of if you are considering collaborative law for your divorce is the skill and experience of your attorney. Collaborative law is relatively new to Tennessee and not every divorce attorney has experience with the process. When you are looking for a lawyer to guide you through the dissolution of your marriage you want one who knows what they are doing and will give you the best guidance possible in order to help you come away with the best possible outcome after your divorce is final.

If you and your spouse are contemplating divorce and you both want to use the collaborative law approach, we may be able to help. Please contact the Law Offices of Adrian H. Altshuler & Associates to schedule an appointment at one of our offices in Brentwood, Columbia or Franklin, TN. We understand that this is a difficult time for you and your family, and will treat you with the respect and dignity you deserve.