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Collaborative Law

Collaborative law, often referred to as the “no court divorce,” provides families the unique opportunity to maintain complete control over their future bolstered with a pledge not to litigate. The parties and their collaborative lawyers sign a contract by which they agree that the case will not be taken to court.

Collaborative law started in Minnesota and quickly gained popularity in California, Florida, Illinois, and on the East Coast. Collaborative law offers the opportunity to bring in other professionals – accountants or child psychologists, for example – to help the parties create the best asset allocation, support agreement, or parenting plan possible. The parties, their collaborative lawyers, and any other necessary professionals complete a series of negotiation sessions until a comprehensive, individualized agreement is reached.

Another unique feature of collaborative law is that each party has his or her own “divorce coach”: a professional who has received specific training in helping individuals with all the life changes that occur during separation and divorce. From providing therapeutic support to teaching household book-keeping or budgeting to the spouse who did not handle the family finances, the divorce coach eases the difficult transition.

Contact us today to learn more about Collaborative Law in Central  Indiana!

The Collaborative Law attorneys at Broyles Kight & Ricafort, P.C. can help you negotiate with your spouse until you reach a comprehensive, individualized divorce agreement – without the threat of going to court. If you have more questions about BKR’s Collaborative Law team in Indianapolis, Indiana, call 317-571-3601.

Our team of recognized and respected Collaborative Law Attorneys provide legal advice and representation to clients throughout Indianapolis, Indiana and the surrounding area including Greenwood, Franklin, Carmel, Noblesville, Lebanon, Danville, Avon, Zionsivlle, Anderson, and Richmond.

Indiana Collaborative Law FAQs

How does collaborative divorce work?

Collaborative divorce is a process where both parties commit to working with a jointly chosen team of professionals to settle their case out of court. Common members of the team working with the couple include lawyers, a mental health professional serving as a divorce coach and a financial planner. Appraisers and custody evaluators can be added to the team when appropriate. Everyone on the team, including the parties, agree that the goal is to achieve the best overall post divorce situation for everyone involved. The cornerstone of collaborative divorce is the requirement that should the process fail, the parties must engage new professionals to lead them through the traditional litigation process. This requirement not only increases motivation to move forward collaboratively, but ensures that everyone starts and stays invested in the process. Collaborative divorce is an exciting option for couples and can reduce cost and conflict as their marital relationship is dissolved.

What are the pros and cons of collaborative divorce?

Litigation was really designed to resolve property disputes and to address injuries. Judges applying law cannot appropriately address the needs of divorcing couples or their children. The collaborative process takes the focus away from the law and allows solutions based on the goals and interests of each person in the family. Collaborative law promotes quality co-parenting relationships. Divorces handled through the collaborative process are generally much faster and far less expensive than traditional litigation cases.

However, if the collaborative process breaks down, the collaborative lawyers are required to withdraw from the case and the parties start the process from scratch. For certain cases and certain clients, the collaborative process is simply not a good fit.

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