Cincinnati Collaborative Divorce Attorney

Cincinnati Collaborative Divorce Attorney  

What Is Collaborative Law and Collaborative Divorce?

Collaborative divorce is an alternative dispute resolution process that allows you to end your marriage without litigation.  A Cincinnati collaborative divorce attorney can help you through the process. Collaborative Law refers to the process of removing family disputes from the “winner/loser” setting of a courtroom into a “problem solving and reality testing”  setting of a conference room table. Participants actively engage with counsel and other trained professionals to negotiate the settlement of their disputes.

As part of the collaborative law process, both parties retain separate collaboratively trained attorneys, who are engaged for the sole purpose of settling the dispute.  No one in the signed collaborative case may go to court. If that is needed or requested, the collaborative law process terminates and both attorneys are disqualified from any further involvement in the case.

There Are Fundamental Principles of The Collaborative Process:  

No Court

Both parties and the Cincinnati collaborative divorce attorney they separately hire commit that they will not take the case to court. Neither party may seek or threaten court action to resolve disputes. If the collaborative process terminates because a party decides to go to court, the attorneys must withdraw from representation and the spouses hire new counsel for the litigation process.  This clause ensures that the turbulent negotiations do not result in needless threats or rash decisions, but rather focus the parties to find a solution. This commitment ensures the focus is on problem-solving and reaching agreements.  

It is generally accepted that the majority of all divorce cases are resolved without a trial. In the Court system, that resolution sometimes comes on the eve of a trial after great expense and emotional warfare.  The damage is done and often can never be repaired. The Collaborative Process seeks resolution before the bridges are burned and shots are fired in the courtroom. Collaborative Law may not work in all cases as it requires two willing participants. At Goldberg Evans , we will work with you in determining the best process for your family.

Client-Centered

Both clients will share their personal, family, and financial goals and the professionals involved will work to generate options for resolution that can meet the interests of both parties. Each party agrees to act respectfully during the process.  The parties are expected to avoid disparaging remarks from the other spouse. 

Inter-Disciplinary

The divorcing parties may also choose to consult with additional experts, such as a family relations specialist or financial neutral to facilitate the agreement.  These professionals along with the attorneys and clients are the collaborative team.  

Family relations specialists assist the parties and attorneys with the emotional turbulence of divorce as well as co-parenting and they assist in the development of parenting plans. Financial neutrals can be employed to distill financial data and present options for the division of assets/debts that create the least amount of cost to the family. 

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Stories From Families We’ve Helped

What Our Clients Have to Say About Working with Us.

At Goldberg Evans, your satisfaction is our priority! See for yourself what our clients have to say about working with us.

    “Beyond Professional”
    “Her assistance was personable, valuable, and far beyond professional.”
    - Joe H.
    “Responsive & Professional”
    “I would definitely recommend Shawn Evans.”
    - Leah P.
    “Highly Recommend”
    “She took the time to help me understand the legal process so I could feel confident in my case.”
    - Priya S.
    “Forever Appreciative”
    “I’ve needed an attorney who was not just versed in the law but one who would bother to really understand the dynamic and put the time and thought into resolutions that would protect me and my children.”
    - Julie G.
    “Very Knowledgeable”
    “I always felt my case was a priority and my thoughts and concerns heard.”
    - Jan T.
    “Stellar Service”
    “She presents with tenacity and is brilliant, skillful, and masterful in her representation.”
    - Robin T.
    “Highly Recommend”
    “I was met with kindness and empathy throughout the entire process, but also with strength, support, and an admirable amount of transparency with possible outcomes.”
    - Jessica D.
    “Unrelenting”
    “I hope this review helps someone in their search for a top notch lawyer. You would not regret choosing Trista and her team!”
    - Scott W.

How Does Collaborative Divorce Work?

When two spouses decide to pursue a collaborative divorce, they both hire a Cincinnati collaborative practice attorney. Each party—including the attorneys—signs an agreement that states he or she will try to come to an agreement without having to take the case to court. This contract requires the attorneys to interact openly and honestly with each other and does not permit the use of adversarial tactics. After all, for a collaborative divorce to work, the divorcing spouses must be willing to participate and cooperate with each other in a respectful, collaborative manner.

After hiring counsel, each divorcing party will meet privately with their respective attorneys to discuss what they want from the divorce. The discussion may be centered around important issues such as the division of assets and debt as well as any issues concerning the well-being of children (i.e., custody, parenting time, support). 

After meeting with their attorneys and any other professionals on the collaborative team, a collaborative meeting is scheduled where all participants will meet in person to discuss the issues that need to be resolved. Further meetings may be scheduled as needed to allow the parties to reach a full agreement.  

Once both spouses have negotiated the terms of the divorce, the attorneys will draft a separation or settlement agreement for both parties to sign.  A judge will typically sign off on any agreement the parties have reached assuming it is not egregious to one side.

If the parties are unable to reach an agreement, the collaborative process will terminate and the parties may move toward a traditional litigation path.  If a party is found to have not been truthful throughout the duration of the collaborative divorce process, they may proceed to the traditional divorce route. The collaborative contract does not permit your collaborative attorney to represent you in court, so a new attorney will need to hire for litigation. Goldberg Evans can help those who need assistance with their collaborative divorce, and those seeking counsel after a collaborative divorce goes south.     

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