I Don’t Want to Lose My Lawyer if We Have to Go to Court!
Collaborative law is an ideal choice when trust is high and the parties
are able to communicate successfully. There are times, however, when the
parties just cannot agree on certain issues and court may become necessary.
In such cases, many clients are often "bonded" to their lawyers
in a relationship of trust and do not want to lose them and start all
over. They are also fearful of the increased cost of starting from scratch
with someone else.
For these situations, cooperative divorce may be the solution. Cooperative
divorce was founded by a group of lawyers in Wisconsin. It is a principles-based
and settlement-based process of handling divorce which leaves open the
possibility of litigation if absolutely necessary.
Essentially, it offers all the benefits of collaborative law, such as:
- Sets a framework for settlement
- Reassures clients that attorneys will try to settle the case
- Minimizes inefficiency and unnecessary costs
- Promotes cooperative coparenting
- Fosters civility and respect
Both parties and attorneys commit in good faith to do the following:
- Cooperate by acting civilly at all times and by responding promptly to
all reasonable requests for information from the other party
- Cooperate by fully disclosing all relevant financial information
- Cooperate by obtaining joint appraisals and/or other expert opinions before
obtaining individual appraisals or expert opinions
- Cooperate by obtaining meaningful expert input (e.g., a child specialist)
before requesting a custody study or the appointment of a guardian ad litem
- Cooperate in good faith negotiation sessions, including 4-way sessions
where appropriate, to reach fair compromises based on valid information
- Cooperate by conducting themselves at all times in a respectful, civil,
and professional manner
The fact that lawyers begin with this proactive and positive mindset may
bridge the gap for those clients who want the benefits of collaborative,
but just can't bear to give up the option of going to court with their
lawyer if needed.
Contact Us to Schedule a Free Consultation
We can help you determine if collaborative divorce is right for you, and
can represent you throughout the progression of your case. Starting with
a free consultation, we will provide you with valuable guidance at every step.
(248) 773-3317 or complete our
contact form to schedule a free consultation.