For people who are going through a divorce or facing other family law issues, this is an alternative type of resolution process. Those in these cases work to reach a solution together with a family lawyer. In some cases, they also have the help of financial advisors and mental health counselors. When collaborative family law is chosen, solutions to family law matters are done without going to court. It is a process that is intended to be less adversarial than the dispute resolution processes in other types of family law. The ultimate goal is to come to an agreement that is best for all parties involved, which may include the children.
Collaborative family law was originally developed to be used in the divorce process. To use this process, both parties must agree to participate in this out-of-court process. It will not be effective if any of the parties do not respect each other, are already contradictory or cannot comply with the dispute resolution terms. Both parties will sign an agreement agreeing to these terms. If children are involved, an important aspect of the collaborative family law contract is that they will keep the children out of the dispute along with maintaining a stable and safe family environment during the dispute resolution process.
The purpose of a family lawyer in this process is not to litigate or defend his clients against the other parties. Their role is to help create agreements, offer legal advice, and advocate for their client. Generally, each party will have their own lawyer. Their attorneys can also help their clients determine visitation and child custody, alimony, division of marital property, and child support. To finalize the outcome of the dispute, the family lawyer will file the documents with the court.
In collaborative legal proceedings, a professional mental health counselor may be consulted. When parties are trying to create a realistic solution to emotionally charged disputes, these counselors can be helpful. When these situations arise, they can help both parties to deal with a variety of emotions they are experiencing in constructive and healthy ways. The mental health counselor can also help each party develop coping skills, how to communicate effectively with each other, and be able to see the situation realistically. This is useful if both parties want to remain friends later, especially if they have children.
Financial advisors may also be involved in these cases. They can help a couple decide how to divide their marital property. They can also help each other make the most of the assets they have preserved. The financial adviser can also offer advice on how each party member can manage the assets she received to provide them with the maximum financial benefit for their future.