Family law is an incredibly diverse field. Within it, there are practice areas such as adoption, divorce, domestic violence, guardianship, and paternity. More recently, a subset of family law has emerged that is allowing this practice area to revolutionize and focus on the wants and needs of the families by allowing them to advocate for and choose what is best for their situation.
I’ve previously written that Marcie trained in collaborative family law in 2019 and has incorporated it into her family law practice ever since. This is an area that she is extremely passionate about as it allows her clients to have more of a say in the decision-making process. Having never heard of collaborative family law prior to clerking for Marcie I was, and continue to be, very interested in how it works, how it benefits clients, and why it should be more widely promoted across the field of family law.
What does collaborative family law mean? This subset of family law gives couples the ability to resolve their marital issues with less conflict and more communication, finding beneficial results for both themselves and any children that they may have. According to the Collaborative Family Law Group of Central Florida, the couple’s goals and interests are explored so that they can find options that allow them to achieve these goals. Doing this allows couples to make informed decisions between themselves, versus placing it in the hands of a judge. The clients voluntarily handle all issues out of court and doing this gives couples an opportunity to identify what matters most to them and find solutions that work for all parties.
There are several benefits to choosing the collaborative family law path:
-Efficiency. Since collaborative family law is handled out of court, there is more flexibility for each party’s schedule, and it is usually completed much quicker than a court proceeding.
-Informality. Court proceedings can be very stressful and even more so when dealing with a situation like a divorce. Collaborative family law is lower stress due to the informal setting of being in a law office versus a courtroom. In addition, the entire process is voluntary, so you are never in a position that you have to agree to something that doesn’t feel right to you.
-Control. Collaborative family law puts each party in the “driver’s seat”. In this option, the parties have a great deal of control over the outcome of each collaborative session. In a litigation setting, these same issues are decided by a judge or neutral party.
While all of these benefits are certain reasons you should consider whether collaborative family law would be a good fit for your case, it is also important to take note of the fact that there are a few potential disadvantages to collaborative family law.
For example, both sides need to be on good terms. Collaborative family law is not for parties who have gone through a messy end to their relationship. While there is the benefit of not being in a court proceeding, the collaboration aspect of collaborative law will be hard to come by if one or both sides have animosity towards the other.
Going hand in hand with being on good terms, both spouses must be able to fully trust that the other will be honest during these proceedings. In order for collaborative family law to work, both sides need to be open and honest about any financial and other issues involved in the case. Without this trust and honesty, you may never reach a compromise and the process could turn into one that is both lengthy and frustrating.
Collaborative family law certainly is not for everyone and as Marcie has said many times, “each case is unique.” That’s not to say that it will not be the right fit for you, but choosing collaborative family law requires communication, compromise, and an understanding of how this alternative will impact your case overall. It is definitely not a “one size fits all” approach, and you should discuss with your spouse and attorney if this alternative is best for your case.
***The opinions and thoughts presented in this blog are only meant to be informative in nature and do not constitute any form of legal advice. Should you have any questions or wish to learn more about collaborative family law, please contact us to schedule a free consultation using our contact form below.***
Sources: https://cfl-cfl.com/about-collaborative
https://easterlingfamilylaw.com/advantages-collaborative-law/
https://www.herbertandweiss.com/disadvantages-of-collaborative-divorce/
https://dadsdivorce.com/articles/is-collaborative-divorce-right-for-me-5-pros-and-cons/
No comments:
Post a Comment