Divorce proceedings can be emotionally and financially draining for all the parties involved. They can be lengthy, messy and often lead to bitter disputes, especially when children, property and assets are involved. However, things don’t always have to turn out this way. Collaborative law is a conflict resolution process that is fast gaining popularity in West Virginia. It is an alternative dispute resolution model where both parties work together with their lawyers in a non-adversarial approach to find mutually acceptable solutions to their issues. In this article, we will explore the role of collaborative law in West Virginia divorce cases, its benefits, and how it facilitates the process.
What Is Collaborative Law?
Collaborative law is a method of approaching divorce proceedings that helps couples avoid litigation, court trials, and the adversarial process. Rather than resorting to traditional litigation, couples work together with their lawyers through negotiations, guided discussions, and other non-confrontational methods to find solutions that satisfy all the parties concerned.
How Does Collaborative Law Work?
In collaborative law, both parties sign a participation agreement that commits them to working together in good faith and to avoiding litigation. Both parties then assemble a team of professionals, including attorneys, financial advisors, and mental health professionals, who work towards a common goal of reaching a mutually beneficial resolution. The parties also agree not to pursue legal proceedings while the collaborative process is ongoing.
During the collaborative process, the parties and their legal representatives work together to identify the issues at the heart of the divorce, then engage in open and honest communication to find workable solutions that benefit all parties involved. The parties work out a written agreement on how to divide marital assets, allocate parental responsibilities and parenting time.
Advantages of Collaborative Law in Divorce Cases
Collaborative law offers several advantages over the traditional divorce litigation process, including;
More Control Over the Process
In traditional divorce litigation, the judge has the final say over the outcome of the case. However, in collaborative law, both parties work together to determine the outcome of the process. This gives the parties more control over the process and allows them to come up with a mutually beneficial agreement.
Cost Savings
Collaborative law is generally less expensive than traditional divorce litigation. This is because collaborative law takes less time to resolve issues, and it involves fewer logistics in terms of submitting documents, holding hearings, and engaging in other typical litigation activities.
Faster Resolution
Collaborative law cases often conclude faster than traditional litigation. This can be a notable advantage, especially when children are involved, where long-standing issues can impact their well-being. Because collaborative law empowers the parties to find common ground, they can come up with resolutions faster than a judge might be able to.
Reduced Emotional Stress
The collaborative law process provides a supportive and non-judgmental environment that helps the parties resolve their differences without the hostility, anger, and bitterness often seen in traditional divorces. This reduces the emotional stress on the parties, which ultimately helps them move on with their lives after the divorce.
Conclusively
Divorce can be a difficult and emotional process. Still, collaborative law provides a more civilized and effective way of handling this process by offering a more cooperative approach that benefits the parties involved. The role of collaborative law in West Virginia divorce cases is to facilitate communication and cooperation between the parties, leading to a successful outcome that is less costly, less stressful, and reached without the need for litigation.