Marital Property Division and Collaborative Law
You Can Resolve Personal Differences and Work Together to Identify Workable Solutions
If you are facing a divorce, you likely have firm ideas regarding which assets you want to retain after your divorce. Your spouse likely does, as well. Often, spouses' asset-division goals are in conflict. The question becomes how will you resolve your disputes with your spouse?
The options range from collaboration-centered Collaborative Law on one end to adversarial litigation on the other. In my opinion, Collaborative Law provides by far the best approach in almost any situation.
Why Consider Collaborative Law When Addressing Marital Property Division?
Collaborative Law was developed as an alternative to the problems inherent to the litigation process:
- Litigation brings in a third party (the judge) to select your solution. With a Collaborative Process you and your spouse get to decide.
- Litigation focuses on the conflict between parties. Collaborative Law focuses your attention not on an adversary but on identifying and implementing solutions.
- Litigation ignores interpersonal issues which generally worsen throughout the litigation process. Collaborative Law begins by effectively addressing participants' feelings of fear, insecurity and distrust, and opens the door to true collaboration.
How Collaborative Law and Marital Property Division Works
Like litigation, in the Collaborative Law Process the value of your various assets will be taken into consideration. Business valuators, tax auditors, certified appraisers and other experts may be used to identify the full value of marital assets. This information is developed to provide all parties with unbiased information upon which intelligent decisions can be based.
Then, the separating couple, their Collaborative attorneys and, in some cases, a mental health professional and or a financial planner will work with both spouses to resolve negative feelings that, if left unaddressed, would increase anger and distrust and would prevent the spouses from working together to find a solution that respects each person’s concerns and financial needs.
You do not have to risk your financial future by "taking on" your spouse in court and hoping a judge will side with you. Instead, consider choosing an option that participants identify as effective and positive. For more information regarding me and collaborative law, contact my office for a no-charge consultation.