- The Next Evolution of Divorce Practice -
At Barrow Brown, our divorce lawyers strive to offer our clients cutting edge choices in handling their divorce. Divorces often involve complex issues, including division of assets, property and debt, child custody and visitation, and spousal support. We know that your legal rights are but one concern when going through the dissolution of a marriage.
Collaborative divorce is an emerging practice that seeks to resolve divorce matters through cooperation and without going to court. In collaborative divorce, both parties work with their divorce attorneys, a financial adviser and mental health professionals as a team to address the unique needs of the family being dissolved. Because collaborative divorce stresses cooperation throughout the entire process, clients are often able to attain a better outcome than leaving vital decisions in the hands of a judge.
How is Collaborative Divorce Different?
Collaborative divorce offers substantial advantages over litigation or mediation: First, collaborative divorce creates an atmosphere conducive to civil negotiation and cooperation. In fact, collaborative divorce is founded on cooperation and a willingness to divorce with dignity. Second, collaborative divorce involves financial and mental health professionals to address far more than legal concerns. At the conclusion of a collaborative divorce, both parties have a financial plan to address their future concerns. Mental heath professionals act as coaches throughout the divorce process. In addition to addressing each person’s emotional concerns, the coaches help develop parenting plans for divorcing couples who have children.
How is the Court Involved in Collaborative Divorce?
In the collaborative divorce process, both parties and their attorneys agree not to involve the court system in the divorce process. This agreement is key to creating the atmosphere of civility necessary for collaborative divorce to work. If the process breaks down, and if one party resorts to going to court, both attorneys must withdraw from representing the parties.
What is a Collaborative Practice Team?
Attorneys who practice collaborative divorce generally are members of practice teams made up of many attorneys, mental health professionals and financial professionals. Collaborative lawyers generally practice collaborative cases with other members of their practice groups in order to ensure a level of trust and efficiency. Because collaborative divorce tends to be a team effort, trust and familiarity between the attorneys and other professionals is particularly important.
Is Collaborative Divorce More Expensive?
Because collaborative divorce involves several professionals, the process can be more expensive than a simple divorce. However, when complex divorces are litigated, the costs can continue to grow over many months. With collaborative divorce, the cost is set out from the beginning and is predictable. Additionally, the collaborative team can help the parties accommodate the costs.
Collaborative attorney Hugh W. Barrow is a member of the Kentucky Collaborative Family Network. He proudly represent clients throughout Jefferson and surrounding counties. We are dedicated to providing cost-effective results for our clients. Give us a call at (502) 589-9353 or contact us online to learn about how we can help you.
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