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Understanding the use of collaborative law in divorce

Minnesota residents may be interested in learning more about what collaborative law is and how it may help a divorcing couple. Through the use of this process, much of the stress and difficulty of a divorce may be avoided. Collaborative law is a relatively new way of resolving differences that seeks to sidestep the time and expense of courtroom divorce proceedings. Statistics show that 90 percent of divorces end in a settlement without a judge's decision. However, this is often after a long period in which motions are filed and angry statements on both sides are entered into the public record. The collaborative law process is an attempt to move toward settlement from the beginning by sharing resources and working together to solve the major divorce issues.

When a divorcing couple enters into the collaborative process, they usually sign a contract agreeing to share their experts and important documents, treat each other with respect and insulate any children from the process. Both parties agree to refrain from using the courts or threatening to do so during the collaborative process.

Each party will usually receive the benefit of a single team of professionals, including a child specialist and a financial expert. This sharing of expert advice allows the parties to avoid the common problem of dueling expert opinions at trial. Other experts include mental health professionals and accountants to aid in reaching solutions. Each party brings their own attorney, however, to represent them throughout the process.

A family law attorney can help a client decide whether or not a collaborative divorce is appropriate for their situation. The attorney might be able to assess the client's individual situation, including their relationship with the other spouse, and assist with the ensuing process.

Source: Mediate.com, "What is Collaborative Law?", Maury Beaulier, August 07, 2014

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