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Is collaborative family law right for your divorce?

If you and your partner are parting on pretty good terms, the collaborative family law route might be your best option. However, there may be certain circumstances where the collaborative process might not be in your best interests. Therefore, it might be wise for you to take a look at the different options for your particular situation and weigh the pros and cons.

Collaborative family law in Ontario is another way to settle differences between you and your spouse without having to see the inside of a courtroom. You and your soon-to-be former partner will each have your own lawyer who will help you work together to iron out any issues. However, if you and your spouse can't agree on some issues and you end up in court, you won't be able to use the same lawyer.

Reasons to consider the collaborative law process

There are several reasons that you may wish to consider collaboration rather than litigation in your personal situation. Going to court can be a time-consuming, tedious process. The collaborative family law route might be faster if you and your ex agree to the details and you each sign an agreement of participation. It will also allow you to become better at cooperating, which could pay dividends in the future if you and your soon-to-be former spouse share any children.

By choosing this means for your divorce, you may have professionals helping you and your partner to work through any issues or disagreements. Collaborative law is also typically less costly than the litigation route, and it will give you more control over the entire process, including the results.

Reasons collaboration may not be right

There may be reasons why the collaborative process might not work for your particular circumstances. Here are some to consider:

  • You and your partner don't agree on every detail in the agreement.
  • If you believe that your partner will not be fair in his or her negotiations even with the aid of a lawyer, then you will most likely need to proceed with a litigated divorce.
  • You might need to hire additional help like financial planners, which could become increasingly costly.
  • Collaborative law is probably not the best route if there is any potential that you would need a court order for an emergency situation.

Where to find support

There are resources available to you who can help you make the decision of whether collaborative family law is the proper means for your divorce. Acquiring legal counsel might help to answer any questions you may have about the collaborative process and could ultimately increase your odds of achieving the best possible outcome for your situation.

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