Maryland Collaborative Divorce Lawyer
While litigation is a common approach for some divorce cases, other methods may prove more effective for couples who wish to dissolve their marriages. A collaborative divorce is often a preferable approach to dispute resolution, and it can reduce the time, expense, and emotional turmoil of a courtroom trial. A Maryland collaborative divorce lawyer with specific training in this area of law can help you pursue the most optimal outcome in your divorce settlement.
A divorce attorney can offer advice throughout the collaborative process and help you set clear goals and priorities for your final divorce agreement. A lawyer can also help to facilitate constructive negotiations with your former spouse while ensuring that your key concerns are addressed and resolved.
The Case for Collaborative Divorce
In a collaborative divorce, both parties agree to work together to reach a favorable settlement. The parties will sign a collaborative divorce agreement, stating their mutual consent to forego litigation and authorizing their lawyers to recuse themselves if the divorcing couple ends up instead deciding to go to trial. The goal of collaborative divorce is for each party to cooperate with one another and their respective attorneys to discuss their concerns and resolve the issues at hand, rather than getting involved in a potentially lengthy court battle that may inflict an even more significant burden at the end of a marriage.
An outside mediator can be called upon to facilitate the discussions and act as a neutral third party. Licensed counselors may be brought into the collaborative divorce setting to encourage more fruitful discussions, particularly when issues of child custody and support are involved. It may also be necessary to consult a financial expert who could evaluate the marital assets and create a financial blueprint.
When a divorce goes to litigation, the parties are pitted against one another as they try to prove their side to the court in hopes of getting a judgment in their favor. The court process can enhance an already stressful situation. In cases where the parties have children together, litigation can increase the traumatic impact of divorce on their children as they watch their parents battle it out in court.
With a collaborative divorce, the parties have their lawyers and a seasoned group of professionals helping them establish an agreement that meets the best interests of all involved. Rather than having a judge decide the terms of asset division, child support, custody, and alimony, the parties can cooperate to reach a preferred arrangement. A person considering the collaborative process for their divorce should speak with a local lawyer trained in these matters who can provide further guidance.
Common Concerns that Collaborative Divorce Can Address
A collaborative divorce can address the same issues that arise during a litigated divorce, but often in a more productive and mutually beneficial manner. Maryland is an equitable distribution state. In traditional divorce court, the judge would look at the evidence divided by both parties to determine how to allot each party their fair share of the marital assets. With the help of their collaborative divorce team and nearby attorneys, the parties can identify the assets of importance and which property should be split between them.
In matters of child custody and support, the parties do not have to enter a lengthy fight to determine who will be the primary custodian of the children and which party or parties will pay support. Instead, the parties can evaluate what arrangement will be best for their children as a unit. Each party can communicate their earnings and assess the cost of the children’s healthcare, education, and other ongoing expenses to create a proper support arrangement.
Speak with a Maryland Collaborative Divorce Attorney to Learn More
A Maryland collaborative divorce lawyer can help you determine whether the collaborative divorce process is the right method to help you and your family navigate this significant change. To discuss your options, contact the office and schedule your introductory attorney consultation.
