Collaborative Law Attorney – Divorce Negotiation – Custody Arrangements
Charleston, West Virginia
Collaborative Law Overview – Negotiated Divorce
Collaborative law is an alternative to a divorce or child custody, support, and visitation trial. It can be used to save time and money and foster a good working relationship between divorcing spouses or parents. It is the opposite of the “scorched earth” style of litigation that can come out of bitter custody battles and property settlement.
At the Charleston, West Virginia, offices of lawyer Julia Shalhoup, we are strongly committed to mediation and collaborative law where appropriate. We believe that in cases of uncontested divorce when the parties can settle without litigation they typically arrive at more equitable and workable solutions than would be thrust upon them by the courts. Contact collaborative law attorney Julia Shalhoup if you are facing separation and divorce and would like to explore this option.
How Does Collaborative Law Work?
In collaborative law, the parties to a divorce and their lawyers meet and negotiate a settlement to the legal issues they are facing. Once they have arrived at a resolution, the agreement is turned into a legally enforceable court order.
If the parties cannot reach an agreement, their individual attorneys must withdraw from representation of the parties and, if they resort to litigation, they will have to use different lawyers. However, individual issues could still be resolved through mediation.
What are the Advantages of Collaborative Law?
Collaborative law is a cost-effective method of reaching a legal agreement. Also, it avoids putting children in the middle of harmful litigation, and can lay the groundwork for healthy working relationships between divorcing parents.
Our law office especially supports the use of collaborative law when there are children involved in a divorce. Both parents of a young child will have to deal with each other for many years to come, and it will be easier if they have avoided a legal battle that pits one parent against the other.
What Issues of Law Can Collaborative Law Resolve?
Collaborative law can be used to resolve nearly any type of legal issue. In the context of family law, it is usually used to resolve issues regarding:
- Child Support
- Child Custody
- Property Division
- Spousal Support (“Alimony”)