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Collaborative divorce

Collaborative divorce is a divorce procedure that is claimed to be quicker, cheaper and less painful than a typical divorce. With the collaborative divorce, the two parties are encouraged to dissolve a marriage peacefully by setting up rules that will discourage them and their lawyers from uncompromisable behaviors and litigation.

One of the most important features of collaborative divorce is a pledge signed by each lawyer to withdraw if any or both of the parties decide to go to court. Since both of the laywers will lose the case if an agreement is not reached, they will be forced to help their clients to cooperate and compromise. This is based on the notion that lawyers are more interested in earning a fee than doing the right thing and advising their clients objectively. This notion is disputed. In fact, most divorce cases settled long before the concept of collaborative divorce was developed.

Collaborative divorce may not be a good option in certain situations and should not be viewed as a pancea to an easy divorce.

10-26-2009 08:16:03
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