Tuesday, September 22, 2009

Collaborative Divorce-a kinder, gentler divorce

If you have not heard of collaborative divorce yet, I have a feeling you soon will. It is a concept that is grabbing hold as more couples see the value in shaping the terms of their divorce their way. There is no court intervention and no judge to decide the terms of the divorce. Rather, the husband and wife, each assisted by their own collaborative attorney and chosen team members, work through their legal issues to craft a mutually-acceptable divorce settlement. Because the husband and wife are central to the decision-making process, the ultimate result is a more permanent and workable solution. Once the settlement is drafted, the parties file for a divorce and schedule a pro/con hearing to finalize the divorce in court.

The beauty of collaborative practice, is that the parties are committed to reaching their goals together and in finding the best solution for their family. Collaborative divorce is a very private process. It is useful in all divorce scenarios, but especially when there are small children. This holistic approach focuses on the children's needs as much as their parents. In fact, in many cases, the parties choose to hire a child specialist to communicate with their children. These child specialists then bring the children's voices to the discussions.

Collaborative practice really causes a paradigm shift in everyone's thinking. If you would, consider the typical divorce... the wife hires her attorney and the husband hires his. Wife and husband become opposing parties battling to win their rights in the court's arena. The lawyers negotiate on behalf of their clients and if there is a break-down in those discussions, the parties land in court, time and time again.  Court is a scary place for most people that are not lawyers. In fact, for some people the "c" word is "court" not "cancer." At the end of the day, neither party wins and the process can be very expensive.  Moreover, a judge decides your life, without really having the time to understand your unique family issues.  More times than not, neither side is satisfied with the judge's decision.

Collaborative divorce challenges the old ways of divorce practice.  It encourages the parties to truly find peace in their ultimate family restructuring.

Collaborative divorce practice celebrates its 20th year anniversary this year. It is the brainchild of Attorney Stu Webb, who developed the practice after experiencing the ravaging effects of divorce on his own family. Collaborative attorneys, like myself, are certified in the practice of collaborative divorce.  To find out more information about this style of divorce, please see http://www.collaborativepracticemi.org/ or http://www.collaborativepractice.com/.
http://www.aggressivemichiganlegal.com/

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