In divorce litigation, and even traditional negotiations, an emphasis on “winning” can be harmful and counterproductive, especially where children are involved. Collaborative law is a unique approach to divorce and family law that creates the conditions for working out an amicable solution that is fair and lasting.
At Hogan Omidi, PC, our attorneys are trained in collaborative family law and can guide you in its use. We invite you to schedule an appointment to explore it more in-depth.
What Is Collaborative Law?
Collaborative law is a philosophy and system for out-of-court resolution of divorce issues such as asset division, child custody and support, and spousal maintenance. Like mediation, the outcome of the collaborative law process is not binding on either party unless and until a final agreement is signed. There are several unique components that make it work:
- The spouses each are represented by specially trained lawyers. You still have counsel to advise you and protect your interests, but within an overall framework of cooperation.
- The parties use neutral experts (business valuation specialists, financial planners, child psychologists, etc.) rather than each side hiring dueling professionals.
- The spouses and lawyers agree, in writing, not to litigate. In some instances the parties and lawyers agree in advance that if the process breaks down, the lawyers are obligated to withdraw, and the spouses would have to hire new legal counsel to represent them in court. Thus everyone has a vested interest in reaching a settlement.
Collaborative law can be quicker and less expensive than contested divorce and custody proceedings, with less stress and animosity if both parties are genuinely committed to the process. With a conscious focus on respectful and productive discussions, all parties are more likely to adhere to the resulting agreement.
Is Collaborative Family Law Right For You?
It’s not a good fit for all divorces. Both spouses (and their lawyers) must be committed to the process and acting in good faith. It won’t work if either party is evasive, abusive, combative or unwilling to compromise.
Hogan Omidi, PC, is known for its capabilities in high-asset divorce. Collaborative law is absolutely conducive to complex property division and maintenance (alimony), as well as the issues of custody and co-parenting, so long as the spouses are willing to engage openly and honestly.
Questions? We Are Trained In Collaborative Family Law.
The attorneys of Hogan Omidi, PC, have used the collaborative law process with excellent results. We would be glad to discuss whether this approach can work for you. Call our Denver law office at 303-416-5697 to schedule a consultation or contact us online.