Collaborative Law

Atlanta-Marietta Collaborative Divorce Attorneys

“Collaborative divorce” refers to the resolution of divorce and domestic partnership dissolutions where the parties are likely to have continuing relationships after the current conflict has been resolved. The collaborative process is an amicable or uncontested approach to divorce. Its key elements include the voluntary and free exchange of information, a pledge by each party not to litigate and the commitment to resolutions that respect the parties' shared priorities as well as their children's. The lawyers at Stearns-Montgomery & Associates are trained in the collaborative law process and can help you build a divorce settlement on a foundation of agreement rather than disagreement.

A process that respects both parties

The collaborative divorce process is guided by a very important principle: respect. By setting a respectful tone, the collaborative process encourages the divorcing spouses to demonstrate compassion, understanding and cooperation to resolve disputes. By doing so, the process provides a model for a way to resolve disagreements in the future.

Divorce is both an ending and a beginning. The collaborative divorce process helps each spouse anticipate their needs in moving forward with their lives. When children are involved, the collaborative process makes their future a number one priority. As a more respectful, dignified process than traditional divorce, the collaborative process helps families make a smoother transition toward the next stage of their lives.

How collaborative divorce works

Collaborative divorce is different from mediation. In mediation, an impartial third party (the mediator) facilitates the negotiations of the disputing parties and tries to help them settle their case. However, the mediator cannot give either party legal advice and cannot serve as an advocate for either side.

Collaborative divorce allows the clients to each have their lawyers with them during the negotiation process, while maintaining the same commitment to settlement as the sole agenda. It is the job of the lawyers, who have received training similar to the training that mediators receive in interest-based negotiation, to work with their own clients and one another to assure that the process stays balanced, positive and productive. Once an agreement is reached, it is drafted by the lawyers and reviewed and edited by the both lawyers and the parties until both parties are satisfied with the document.

In addition to lawyers, the collaborative team can include any combination of neutral professionals such as child specialists and financial specialists whom the parties choose to work with to resolve their dispute. The role of the specialists is to work closely with the couple and their respective lawyers to craft a child custody and financial settlement.

Speak with a caring collaborative law attorney: Call Stearns-Montgomery & Associates today at (770) 426-1148 or fill out our simple contact form. We have law offices in Atlanta and Marietta.

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