Collaborative law typically works best when the parties involved enter the process in a good faith effort to achieve a resolution. The process can place particular emphasis on protecting the best interests of the children involved.
Alabama was the eighth state to enact the Uniform Collaborative Law Act, a law that has a stated purpose “to support the continued development and growth of collaborative law by making it a more uniform, accessible dispute resolution option for parties.” The Uniform Collaborative Law Act provides people with an alternative resolution to domestic matters that keeps cases out of court until agreements need to be finalized.
If you are considering a collaborative divorce in Alabama, turn to a legal team that is committed to pursuing the best outcome for you and your family. At New Beginnings Family Law, our supportive team of attorneys always put you and your family first. We’re ready to help you and your spouse find divorce solutions that meet your needs and fit your specific situation.
Our firm includes dedicated support staff, so we are always available to help you through any issue. Call or contact us online to schedule a consultation now.
What Is Collaborative Divorce?
Collaborative divorce is similar to mediation in that both sides express an interest in mutually agreeing to accomplish a resolution, but collaborative divorce does not involve a third party. The two spouses and their respective lawyers create a four-way agreement, usually with rules about how a settlement will be achieved.
Collaborative divorce can involve other parties in some cases. Spouses may agree to hire specific experts, mental health professionals, or other consultants to achieve agreements.
The reason why collaborative divorce is often successful is that all parties involved are incentivized to find agreeable solutions. Before starting the process, the lawyers involved will agree that if the process breaks down, they will not represent their clients in litigation. This means that the attorneys too have an incentive – not to mention the spouses who already have so much on the line – to find solutions that work for everyone.
Both parties will also agree to voluntary and complete discovery, which allows both sides to have access to all of the pertinent financial information and other matters. This reduces friction and additional legal work trying to obtain information through other discovery tactics. The goal is for each party to be completely open and honest so that the process can be significantly streamlined.
Pros and Cons of Collaborative Law and Divorce
There are many advantages to collaborative divorce. First off, you can resolve your issues in a confidential setting outside a courtroom, which can be especially beneficial in more sensitive cases.
By working together, the spouses exchange information voluntarily. This reduces the need for confrontational court appearances.
Collaborative divorce can place a particular focus on preserving important parenting relationships during your divorce. Proper post-divorce arrangements can also be finalized.
Collaborative divorce may not be ideal if there will not be an honest effort made by one party. Couples must be fully prepared to take the efforts necessary to achieve a workable agreement.
Is Collaborative Divorce Right for Your Huntsville Divorce?
Determining whether collaborative divorce is the best route to take can be difficult, but you do not need to take chances when you are trying to end your marriage. Make sure that you are working with an experienced attorney as soon as possible.
Knowledgeable lawyers who have handled divorce cases can help you understand all of your possible options and then guide you toward the resolution that works best. You could benefit from a collaborative divorce if you have confidence in your spouse to take the process seriously.
When collaborative divorce proceedings break down, spouses ultimately have to go to court. The good news is that a majority of cases that enter the collaborative process are successfully resolved.
Keep in mind that the collaborative process remains private, so the process can be expedited where there might be greater reservation in court. What gets said during the collaborative process cannot be used against you later.
Collaborative Divorce Process in Huntsville
The timing for a collaborative divorce can vary depending on numerous factors. In some cases, couples can hammer out agreements and bring them to court quickly, but other cases involve much lengthier discussions and examinations of issues that ultimately take years.
In general, collaborative lawyers are incentivized to try and reach agreements, so the collaborative process is usually streamlined to try to minimize potential costs. The collaborative process should ultimately limit the number of court appearances a person has to make.
The price for a collaborative divorce will be dictated by the number of other parties or procedures you involve in your process. In most cases, agreements will be reached, and the divorce is finalized by a judge.
How Can Huntsville Collaborative Divorce Lawyers at New Beginnings Family Law Help Me?
New Beginnings Family Law is a team of experienced attorneys who are dedicated to helping you achieve the most favorable possible resolution to your contested divorce, uncontested divorce, divorce appeal, alimony, divorce modifications, and property division cases. We help people throughout the greater Huntsville area.
Amber James launched her practice in 2006 as the James Family Law Center but renamed the firm New Beginnings Family Law in 2014. She is a member of the Alabama State Bar, American Bar Association, Morgan County Bar Association, and Madison County Bar Association. She is admitted to state and federal courts in Alabama.
David Pace has been awarded an AV Preeminent rating by his peers, the highest possible rating in both legal ability and ethical standards. Ruby Panter is a former Judicial Law Clerk in the Circuit Court of Morgan County and the Circuit Court of Jefferson County.
Are you wondering whether collaborative divorce in Alabama might work for you? Do not wait to speak to an experienced collaborative lawyer who can represent you in collaborative law proceedings.
New Beginnings Family Law takes great pride in working very closely with our clients during the most challenging times and providing the resources that they need. You can have our lawyers provide a complete evaluation of your case when you call us or contact us online.