Collaborative Divorce Lawyers

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A collaborative divorce is an option that is often chosen by divorcing couples to avoid harmful consequences of divorce. It is actually a process which is carried out by partners and their lawyers with the help of discussion. The objective of these discussions is to find out the definite and suitable solutions over the marital issues like child custody, visitation, property division, alimony, etc. The lawyer plays an important part in the overall procedure of a collaborative divorce.

A collaborative divorce lawyer is not expected to take an impartial stance. This divorce lawyer must play the role of an advocate, an educator and a resource for the client. The lawyer must be involved in the investigation, identification and determination of the topics concerning the divorce. It is the duty of the collaborative lawyer to confirm that the client knows his / her legal obligations and rights.

Responsibilities of Collaborative Divorce Lawyers

• Overcome deadlocks by use of mediation and neutral experts to offer a third opinion. Encourage the partners to open themselves in front of each other

• Abstain from execution of adversarial techniques and tactics while realizing that the court is not an option in existence

• Use of neutral and crystal clear language in verbal and written communication. Avoid any type of misunderstanding between partners

• If the choices made by the client are varying from those that may be offered by the law, the lawyer must respect those choices

• Help in the analysis of the impacts of possible choices and competing values

• Facilitate in the organization of disclosure documentation of the client and understanding the disclosure documentation of the other party

• Ensure that the parties are cooperating with one another and offering all essential discovery and disclosure of documents and concerned statements

• If the situation becomes emotionally charged then promote reality, reason and stability. Assist the spouses to maintain the dignity and respect in the environment

• Identification of all concerns and issues of both parties. Collecting detailed information about each issue

• Encourage listening skills and respectful communication amongst the parties with an intention of fostering interest between the sides

• Launch a rapport between the two parties. Maintain the friendly and comfortable atmosphere

• Make the parties understand that they should promote cooperative conflict. For this, they must use disagreement as a method of attaining creative resolution to their issues

• Exhibit and encourage dignified, mutual respect and honest demeanor

• Expose the client to the aspects of divorce law that is applicable to his / her condition

Methodology of Collaborative Divorce Lawyers

• A collaborative divorce attorney is identical to other members of the collaborative team with respect to the fact that both endeavor to attain a win-win condition. This situation must facilitate a healthy transition for the divorcing parties and actually place them in a circumstance where they can heal and grow

• A collaborative attorney is a "zealous advocate" for the higher interests and well being of the family unit in transition

• This attorney must confirm that his / her client is fulfilling self responsibilities and the rights of his / her client are being safeguarded

• The collaborative lawyer offers legal counsel and recommendation to the client

• The lawyer ensures that the intentions of Collaborative divorce are met with. This means that when the change from the marital state to the divorced state occurs, the divorcing partners continue to respect the former spouse as well as self

• If felt essential, the collaborative divorce lawyer may be explicitly supportive of the other partner. Moreover, if the situation demands, this lawyer should explain his / her client how the demeanor of the client is counterproductive towards development of a negotiated settlement

• This lawyer does not simply concentrate on the output of the process. The lawyer is serious about how the couple is communicating during the process and how the negotiations are taking shape

Thus, a collaborative divorce lawyer is a vital part of the procedure of the dissolution. Without the legal assistance, the partners would not be able to convey their opinions to each other and would fail to establish a mutual agreement. It is to be noted that a collaborative divorce attorney is liable only for the discussions that are held after signing an agreement of participation in the collaborative process. If the process fail, the lawyers are not allowed to take part in the contested divorce in the court on behalf of their clients. The further procedure is to be handled by different attorneys.

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