What is Collaborative Family Law?
Collaborative family law attempts to peacefully resolve a divorce and custody situation in a mutually beneficial way. A series of meetings are scheduled so that clients and their attorneys may meet to discuss and negotiate the most positive outcome for all involved. Collaborative family law works best when both parties have a clear idea of what they’re seeking and are willing to negotiate.
Pre-nuptial agreements
Collaborative family law negotiates pre-nuptial agreements when one or both parties have a considerable amount of money or property that they wish to protect before entering into a marriage or civil union. In this context, family members who share these interests will likely need to participate in the process and decision making. This is especially true when money or property is set aside for those family members in the event of an inheritance. Pre-nuptial agreements can be beneficial in that they enable a couple to begin their marriage without questions and concerns regarding their assets in the event of unforeseen circumstances. Some pre-nuptial agreements are good for the entire duration of a marriage, while others have an expiration date of sorts. For example, a pre-nuptial agreement can be created to remain valid for a set period of time, such as the first ten years of a marriage. Negotiating these details is part of the collaborative family law process.
No litigation
Collaborative family law does not require litigation. Arrangements are made, and agreements reached, through meetings and discussion with attorneys, thus eliminating the need for a judge and freeing involved parties to reach the agreement they desire. In lieu of litigation, attorneys from either party may enlist the assistance and recommendations of professionals and experts from relevant fields to ensure that an agreement encompasses every necessary variable and is in the best interests of the clients before terms are finalized. Health professionals, financial planners, and experts from other disciplines and fields of expertise may be asked to assess a proposed agreement and state their professional opinion on the matter, lending credence to the need for a specific course of action.
How much time does the collaborative family law process require?
Collaborative family law cases can take anywhere from weeks to months. There is no set timeframe within which a collaborative family law case must be resolved, as it depends on clients, negotiations, and dynamics taking place. Collaborative family law for a divorce is the exception, however, and must take place within 60 days after the divorce is filed. The average divorce takes 4-6 months in most states, and negotiations must be solidified before the divorce is final. Most collaborative family law negotiations are easy to accomplish because both parties share the same goal: to keep things amicable, peaceful, and healthy for family members, especially when children are involved.
The family law attorneys at Cothrun & Lucido Family Law Firm offer a wealth of expertise in collaborative family law. Divorce and the ensuing legal woes do not have to be needlessly difficult, drawn out affairs. Contact Cothrun & Lucido Family Law Firm to discuss how a collaborative family law attorney can help simplify the process. Call (713) 228-2858 to schedule a consultation.
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