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I believe that "there is a better way" to
resolve family conflicts surrounding divorce and other
family law disputes. Resolution of family law conflicts
does not have to be adversarial or destructive (the
win/lose model). An alternative process called collaborative
law allows individuals in family law disputes to focus
their energies on productive, positive outcomes and
problem solving (the win/win model). Collaborative law
provides a structure in which individuals and their
attorneys talk directly to one other in a series of
four-way conferences.
To participate in the collaborative process, each
party needs his or her own collaborative family lawyer.
The conferences take place outside of any court proceeding.
If the parties reach an agreement, then a non-contested
dissolution of marriage proceeding will take place to
formalize the collaborative agreement and get the couple
divorced.
Here are some of the possibilities of collaborative
family law:
- A dignified, respectful and private resolution of
your matter
- Control over decision-making
- Control over scheduling; proceeding at whatever
pace is comfortable
- Protection of children from the negativity that
spills over from parents who are fighting in the win/lose
model
- Increased likelihood of positive co-parenting after
divorce
Collaborative law can be used in a variety of family
law conflicts, including:
- Dissolution of marriage (divorce)
- Child custody/parenting time
- Child support
- Modification of custody and/or child support
- Maintenance (spousal support)
- Visitation disputes
- Paternity
- Dissolution of domestic partnerships
Collaborative law is inherently different from negotiations
within the adversarial system, no matter how cordial
those negotiations may be, because the core of the collaborative
process is the win/win model. The adversarial system
is designed on the win/lose model. The parties and their
attorneys do not go into court with the mindset that
each party and his/her attorney will help the other
party find a way to achieve the reasonable goals of
the other party, nor is the system structured to make
that happen. In collaborative law, the interests of
each party are shared concerns. In fact, the collaborative
attorneys are so focused on negotiation and settlement
that they are required to WITHDRAW if no agreement is
reached. The parties would then need to hire new attorneys
if the collaborative process breaks down.
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Fee Structure for Traditional & Collaborative Divorce
- $200 per hour
- Retainer required (amount of retainer discussed
in first office visit)
I will meet with prospective clients for a free
30-minute consultation to explain the
three processes for getting divorced and fee structure
for your particular matter. To learn more about collaborative
law, call our office at (314) 863-3321 for a free, half-hour
in-office conference.
To learn more about collaborative law, call our office
at (314) 863-3321 for a free, half-hour in-office conference.
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