COLLABORATIVE LAW involves a series of meetings with the attorneys and parties to the divorce to settle the issues in a divorce in a logical, sensible, orderly manner. Information is gathered regarding property and debts. A parenting plan is developed. Experts will attend meetings as needed to assist the settlement process. The parties will never go to court except at the very end of the process after an agreement is contained in a divorce decree which the Judge will sign. No private information about fault in the breakup of the marriage, problems with the children, or your personal financial information will ever become public record in the collaborative process. You will never sit in a crowded courtroom and discuss the most intimate details of your married life. You will never sit in a courtroom full of strangers and detail your income and expenses and assets. Your children's emotional state will never become entertainment for the bored litigants waiting their turn in the courtroom.
Collaborative Law is suited to persons who value their privacy, can place the well-being of their future ex-spouse and their children above the need for revenge and those who don't enjoy the legal system.
The Hon. Ross Foote, Ninth Judicial District of Rapides parish, Louisiana was asked: What would you say to the public (about Collaborative Law)? Contain the transition of the family in a family setting. And when it's resolved, then seek the legal recognition of the transition.
THE HON. W. ROSS FOOTE quoted in Collaboration From the Bench by Jennifer Jackson, JD, San Francisco, California published in Journal of the International Academy of Collaborative Professionals
Turn Down the Volume When it Comes to Divorce by Barbara Kahn Stark November 2000
Involvement with the legal system seems inevitably to lead to escalating emotions and fears with the divorce becoming a war between the spouses. This culture of argument leaves the couples' sense of self worth, their financial stability, and their children among the victims of the conflict.
It doesn't have to be this way. There are other options for couples who share the goal of ending their marriage in a constructive way, minimizing hostility and damage to all family members. There are three paths to divorce: the conventional adversarial process, a mediated settlement, or a collaborative approach to the process. The conventional route is the one currently used by most couples. According to Tannen, divorce is perceived as a fight and emphasizes competition, winners and losers, while suppressing any cooperative impulses.
Lawyers are seen as "jousting gladiators" rather than participants seeking a solution of the family's problems. ....
A third alternative is available for divorcing couples who want to settle their case cooperatively, but would prefer to have attorneys present while they meet to explore their options.
Collaborative Law
Kimbriel Law Firm
Let us help you find the sunshine in the clouds of divorce.