Timothy B. Theissen is an attorney with Northern Kentucky Collaborative Group which is a non-profit organization that promotes the use of the collaborative process in family law cases.
Why Collaborative Family Law?
The personal and financial costs of litigation can be staggering. The costs, especially when measured in lost relationships and the impact on children, often outweigh the gains.
Collaborative Law is an alternative to going to Court. You and your spouse will each work with an attorney trained in the collaborative process. Through a series of meetings attended by you, your spouse and both of your attorneys, you and your spouse work together to resolve the issues in your divorce or other family matter instead of allowing a judge to make those decisions for you.
The collaborative process is for you and your spouse if you want problem solving rather than fighting; and if you want a result that is fair to both of you.
What Issues Can Be Resolved With
Collaborative Family Law?
The collaborative process can be used in cases involving:
• Separation and divorce
• Custody and parenting arrangements
• Spousal support
• Child support
• Division of assets, retirement accounts and debts
• Marital and non-marital property
• Breakup of relationship of cohabiting or unmarried couples
• Premarital agreements
• Modification of post decree of court orders
What Are The Key Benefits
Of Collaborative Family Law?
What are the key benefits of Collaborative Family Law?
• The well being of your family is preserved
• The dignity and self esteem of you and your spouse are protected
• Empowerment of client
• Focus on sparing divorcing couple's children from unnecessary pain
• Eliminates battling in court and the loss of relationships that result
• A cooperative approach to solve problems creatively
• Cost effective and time efficient
• Allows both parties to move forward with their lives
Why is the Collaborative Process
A Better Way to get a Kentucky Divorce?
• Full disclosure of all financial information
• Private meetings attended by the parties and their lawyers
• Jointly selected experts and advisors
• Focus on negotiation rather than confrontation and argument
• Signed Collaborative Agreement that requires everyone to work together to resolve issues and not go to Court
What Happens if a Settlement Can Not be Reached?
In the event a settlement is not completely reached through the collaborative process, the Collaborative Participation Agreement requires lawyers for both parties to withdraw from the case. You and your spouse may then hire new counsel to pursue all issues or the remaining issues in court. Your collaborative attorney can assist you in locating new counsel and help with the transition.
How Do You Get Started Using the
Family Collaborative Process?
The best way to begin is to discuss Collaborative Family Law with your spouse and share the information you have obtained on this web site and elsewhere. Each of you will then need to choose a collaborative lawyer who has been specially trained and practices in the county and/or state where you live. Attorneys
Each of you will then need to meet separately with your respective lawyer to fully understand the process and how it will impact your situation. The lawyers schedule a meeting at which the Collaborative Participation Agreement is signed and the Collaboration begins.
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