What is collaborative law?

Collaborative law, also known as collaborative divorce, is an alternative dispute resolution process used in South Carolina to help couples seeking a divorce reach an agreement outside of the court system. This process focuses on cooperative problem-solving, empowering the couple to make the decisions that will best serve them both. With the help of their attorneys, mediators, therapists, and other professionals, couples can create a settlement agreement that meets their individual and collective needs without taking the matter to court. In South Carolina, couples must agree up front to make every effort to settle their differences out of court before engaging with attorneys, and they must agree to participate fully in the process. Further, all parties must disclose full and accurate financial information in order to reach a fair negotiated settlement. The collaborative law process offers a number of advantages to couples in South Carolina. First, it allows them to remain in control of the outcome of the divorce. As opposed to a court-mandated decision, the couple is free to come up with the best agreement for their individual and collective needs. Additionally, collaborative law is typically more economical than litigation and can be an effective tool for managing the emotional and psychological aspects of the divorce. Finally, it can help divorcing couples maintain a more amicable relationship, as it focuses on resolving issues in a respectful and cooperative manner.

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