Nancy L. Sponseller

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Collaborative divorce laws ease the stress of divorce

On behalf of Law Office of Nancy L. Sponseller posted on Friday, July 4, 2014.

Ohio is one of several states taking advantage of the Collaborative Law Act, a special legal process that allows divorcing couples to agree on a separation plan without litigation. In traditional mediation, an unbiased third party helps settle disputes, while spouses seeking a collaborative divorce can have separate legal representation. Proponents of the process believe the collaborative method motivates both spouses to follow through on the commitments they negotiate because all parties involved actively work towards a resolution.

Protracted divorce litigation can create emotional and financial burdens, and frustrated spouses are free to make unsupported claims that are difficult for family law courts to evaluate. In collaborative law, participants willingly sign a participation contract and approach the situation with a problem-solving mentality. They each benefit from the advice of their own attorneys who can help them understand their individual rights and which issues to focus on in collaborative meetings.

Collaborative law was established by the Uniform Law Commission in 2009 and has been adopted by Alabama, Hawaii, Ohio, Nevada, New Jersey, Texas, Utah, Washington and the District of Columbia. As a condition of these agreements, the spouses’ attorneys are ineligible to handle any of their client’s family-related legal proceedings in the future.

Collaborative divorce can save time and resources for spouses who want to part ways as harmoniously as possible. By focusing solely on goals and legal concerns, these meetings can prevent hostile exchanges about past marital problems. However, this process isn’t practical for all cases. If the divorce is strongly contested or couples continually disagree on issues, such as child custody, property division and spousal support, court proceedings may be a better option.

Source: Inquisitr, “Collaborative Divorce Continues To Spread In The USA – Welcomed By Stress Ridden Divorcees“, June 29, 2014