What is collaborative law?
Collaborative Law is a type of divorce law used in West Virginia that allows couples to avoid litigation in the court system. Instead of using the adversarial, or hostile, court system, Collaborative Law involves couples working with their own lawyers in a cooperative, non-adversarial environment to negotiate a fair and satisfactory resolution of their marital issues. Collaborative Law is voluntary, meaning couples don’t have to go through the court system if they don’t want to. In Collaborative Law, both parties are encouraged to come to an agreement without the need of a judge or jury. This allows couples to negotiate their own agreement regarding issues such as child support, custody, and property division, and to keep control over the process. It also allows them to avoid costly litigation that can take months or even years to resolve. Collaborative Law also emphasizes maintaining a cooperative and respectful relationship between the parties, even during the most contentious of issues. In addition, collaborative lawyers are required to sign a participation agreement requiring that they will not represent either party in court if the talks fail and the matter goes to court. Collaborative Law can be an effective way for divorcing couples to resolve their issues, and to save time and money. There can also be positive mental health benefits, as it avoids the anger and hostility that often comes with the court process.
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