Why You Still Need An Attorney In A Collaborative Divorce Process

Posted on: 27 January 2015

If you have chosen a collaborative divorce, then it means that you are so friendly with your partner, are likely to agree on everything, and do not need a lawyer, right? Wrong! Collaborative divorce just means that you have decided to avoid the uncertainties of the courtroom, but you still have to work within the confines of the law. Moreover, you also need to protect your legal rights, so you need a lawyer to:

Advise You on Legal Issues

As hinted in the opening paragraph, divorce is a legal process with specific laws to follow. For example, some states do not allow legal separation while others allow it. Another example is that your state's regulations may allow you to get temporary divorce orders. These are all things you need help with even if you are not going through the court process.

Making Legal Filings

The lawyer may also help you with legal paperwork. The importance of documentation during divorce cannot be overstated; one wrong filing can set back you divorce considerably. For example, your name should be consistent in all the documents; even adding an initial or removing a middle name can lead to a rejection of a document. You don't want to delay your divorce because you filed a paper wrong or late, and your lawyer is there to make sure it doesn't happen.

Negotiate on Your Behalf

Don't assume that collaborative divorce means that you will agree on everything with your spouse; there are bound to be sticking points. When you hit a snag, your divorce lawyer's negotiation skills will kick in to help you through it. Remember, collaborative divorce is a give-and-take process; you don't expect to win every demand you make. Still, there are things you should give up and things you hold on to, and your lawyer will help you to differentiate between them.

Coordinate the Works of Other Professionals

Lastly, you should know that collaborative divorce often involves other professionals apart from the lawyers. For example, you may need a financial adviser who can analyze your financial assets and liabilities and give you appropriate advice, as well as a child specialist to ensure your children's needs are met. It is the duty of the attorney to coordinate these and other professionals' work and ensure that everybody works towards a common goal.

A collaborative divorce is likely to be a win-win situation for both of you. It can also save you money, and help keep your relationship healthy. Talk to a family lawyer to see if you are a good candidate for the process. Talk to your lawyer, such as Winstein, Kavensky & Cunningham, LLC., for more information.