Similar to the innovative techniques evolved in the field of management, innovative techniques are evolved even in the field of law. One of the best examples of this evolution is the concept of ‘Collaborative divorce’. Perhaps you would agree, couples resort to divorce as a last resort to buy peace of mind. Both the couples approach the best attorney Nashville TN has today and seek what is normally called as ‘legal separation’.
Protracted legal proceedings:
Usually, the legal proceedings are such that the couple may fail to get a quick remedy namely the ‘divorce’. It can take a couple of protracted legal proceedings. In order to avoid such lengthy legal proceedings, thecollaborative divorce lawyer in Nashville may agree to discuss the issue in the presence of both the parties so that the issue is settled outside the court.
Further, the unique feature of this collaborative divorce proceeding is such that the couple is separately represented by a collaborative divorce attorney in Nashville, and they try to sort out all the issues emanating from the proposed divorce. The mechanism of how this collaborative divorce proceeding takes place is further explained here:
In the first place, a four party collaborative divorce agreement is signed by all the parties. The parties to this agreement are the parting couples and each of the collaborative divorce lawyers in Nashville representing the parting couples. The parties to the agreement can also appoint any neutral experts to provide advice on any contentious issues that may arise in the entire proceeding.
Terms of agreement:
The terms of agreement normally state that the lawyers representing the couples would assist them to mutually settle all the issues emanating from the proposed divorce. The proceedings of this collaborative divorce are held outside the courtroom. If the parties fail to make a settlement, the collaborative agreement would get cancelled and the best attorney Nashville TN based, representing the parting couple, will represent them in the ensuing divorce or related legal proceedings.
Uses of the agreement:
The agreement is an attempt to reduce the lengthy legal procedure. The retainer of the advocates is limited to their participation in the collaborative proceedings. Therefore, the best attorney Nashville TN has today would make every effort to resolve the issue to the best interests of both the parties.
Other contentious issues:
Till the outcome of the collaborative divorce proceedings, status quo would be maintained in regard to contentious issues like child care, alimony, insurance claims and so on. The participating lawyers will maintain secrecy on various personal matters raised during the proceedings.
Hear the matter afresh:
If the collaborative divorce proceedings fail, then the agreement gets cancelled and the parties would be free to approach the courts through some other attorneys and seek the remedy. In such cases, the courts will hear the matter afresh as if nothing has ever taken place. The court will not consider any of the matters that were discussed in the collaborative divorce proceedings.
Different from mediation proceedings:
Remember, collaborative law is only for those couples who are straightforward and are willing to go by the policy of ‘give and take’. Further, collaborative law proceedings are different from mediation proceedings. The proceedings under the collaborative law may not be cost effective as compared to mediation proceedings. Click here Nashville Divorce Lawyer!