Collaborative Law FAQs
Answers from Madison Divorce Lawyers
When you and your spouse decide to get divorced, you may think that the only way to navigate the process is to hire a Madison divorce attorney and go to court. If you are considering avoiding divorce litigation, you may want to consider this option. Our Madison collaborative divorce attorneys at Balisle Family Law Legal Counsel, S.C. would be happy to provide you with more information to help you make a decision.
What is collaborative family law?
Collaborative family law is a unique, reasonable approach to handling a divorce or other family
law matter, founded on three core principles: a written pledge not to
fight in court, and withdrawal of the hired professionals if either party
chooses to fight in court, open communication between the parties with
an honest and good faith exchange of information, and negotiations leading
to a mutually acceptable settlement that takes into account the highest
priorities of all family members.
Is the collaborative process right for me?
If you would like to pursue a civilized, respectful resolution of the
issues, would like to avoid emotional court battles, recognize the importance
of working through emotions in order to make comprehensive legal, financial
and child-related agreements, value privacy and do not want to argue your
personal matters in public, and value the collaborative resolution, it
may be right for you and your family.
What is a collaborative divorce team?
Depending upon the needs of the family, the collaborative team generally
consists of professionals from three separate disciplines: legal, mental
health, and financial. These professionals work together by providing
their respective expertise to help families through their
family law matter. The collaborative team includes the parties and their attorneys, and
generally includes collaborative coaches, child specialists, and financial
specialists.
How do I choose the right collaborative professional?
You will need to review the biographical information and the individual's
training in areas related to collaborative family law to determine if
they are qualified to help. Factors you may wish to consider in selecting
a professional include training, experience, and location. You may start
the collaborative process or get more information by contacting our firm
to discuss your needs and concerns with a member of our team.
What happens if a settlement cannot be reached or if the other side goes to court?
If you are unable to reach a settlement, you and your partner can explore
other options for settlement such as mediation, which may allow you to
stay within the collaborative process. If either of you decide to "fight
it out in court," the collaborative lawyers, and any other team members
involved, must withdraw and each party retains a new lawyer and experts
for the court hearings.
Please contact us
today at (608) 765-1001
to learn more
from our Madison divorce attorneys.