Using Collaborative Law To Resolve Family Law Matters

The public, attorneys and families involved in divorce actions have become increasingly dissatisfied with the limited alternatives available for resolving the custody, placement and financial issues present in a divorce. Collaborative law addresses the proven need for peaceful resolution of custody, placement and financial issues through an out-of-court, problem-solving approach. Attorney Mark A. Ogle has embraced the growing trend toward collaborative law, and is the vice president of The Academy of Northern Kentucky Collaborative Professionals, Inc., a nonprofit organization that promotes the use of the collaborative process in family law cases.

Utilizing collaborative divorce in a family law action involves a commitment to settling matters without resort to litigation or threats of litigation. The lawyers chosen by the parties are retained to help them reach a settlement and act more as advisors than as lead negotiators or litigators. The object is for clients to keep control of the process with the lawyers present as resources.

Divorcing couples are encouraged to take a mature, cooperative, noncombative approach to child custody, child support, maintenance and marital property issues. The couples and their attorneys are committed to reaching an efficient, mutually agreeable settlement of all disputes out of the courtroom. If there is no settlement, then the parties must retain different lawyers to handle the litigation.

Some of the benefits of collaborative family law include:

  • It creates a cooperative environment where communication remains open. This helps set the tone for open communication and reduced conflict for the future. It provides a setting where couples can put the best interests of their children first and agree upon other related issues.
  • It establishes a team approach, with clients retaining control of the process. While collaborative lawyers still support their clients, everyone works together, efficiently and effectively.
  • In matters requiring expert opinions, such as pension appraisals and child custody studies, both parties can jointly hire one independent professional. This helps shorten the duration of the process and reduces overall expense.
  • Clients shape the form of the marital settlement agreement. This means that both spouses are more likely to comply with the terms of the agreement and abide by the outcome. This diminishes future conflict and keeps children out of the middle of family law disputes.
  • Clients can schedule meetings without waiting for court dates. This saves time and money. Clients also enjoy additional privacy and confidentiality, which results in decreased fear and anxiety that often exist in family court proceedings.

To learn more about collaborative family law, please contact Attorney Mark A. Ogle today.