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Collaborative Law Can Help One Avoid Unpleasant Litigation

August 12, 2016 by West Coast ADR

Getting divorced means making choices. If one has already made the choice to change his or her life, there is still the need to decide what is wanted out of the separation, such as how assets will be divided, matters related to the care of children and the method to be used during divorce proceedings. An array of options exists today for anyone going through a divorce in British Columbia that many may not have considered. Collaborative law can allow someone to achieve his or her goal of independence on terms that suit both the individual and his or her partner.

If a legal separation is being considered, thoughts of a protracted and expensive court battle are likely present also. The truth is, an exit strategy that fits the particulars of the situation can be chosen, and it does not need to be messy. Perhaps surprisingly, the majority of divorces are handled without the use of legal counsel. When assets are limited or uncomplicated, especially if there are no children involved, some fairly simple paperwork may be all that stands between two people and the freedom they want. However, if simplicity does not describe one’s situation, there are still choices available that do not include a courtroom.

If the reasons for ending a marriage include high-risk factors, such as physical or verbal abuse, a quick exit is the most desirable. Consulting with local resources that have experience dealing with such cases, like support groups, a family law attorney or even the police, are often the best way to start. These resources can help get the protection needed to safely leave a relationship.

For more amicable separations, taking advantage of the process of collaborative law is an excellent consideration. As the term implies, it has the weight of law behind it, meaning whatever decisions are made are legally binding. But unlike litigation, it is a cooperative process in which lawyers and consultants work together with a family to make a clean break that takes to heart the best interests of everyone involved.

For many, getting divorced is not an easy choice to make. This will be just one of many difficult decisions. But beginning with the decision to work through a divorce with an alternative dispute resolution firm in British Columbia will make all future choices much simpler.

Source: commdiginews.com, “Choose the kind of divorce best suited to your needs“, Myra Fleischer, July 18, 2016

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