Collaborative law — is it the right choice for your divorce?

On behalf of Gary Kirk of Kirk Montoute Dawson LLP posted in Collaborative Law on Friday, June 23, 2017.

Although the reasons for Alberta couples to file for divorce may seem mostly similar, the dynamics of each are unique. For that reason, the special skills of lawyers such as the legal team at the law firm of Kirk Montoute LLP in Calgary, who are extensively trained in the process of collaborative law, are unrivaled when it comes to divorce. Collaborative law is an innovative manner in which to deal with a divorce without the trauma typically associated with litigated divorces.

The collaborative process requires the two spouses, and their lawyers, to commit to formal agreements not to take the case to court. If resolutions prove to be unattainable, the couple must retain new legal counsels to represent them in court. The collaborative process aims to reach consensus by all — often also utilizing the skills and knowledge of additional professionals such as financial and tax advisors, child psychologists, realtors and more to facilitate negotiations.

All parties can benefit from this non-adversarial manner of dissolving a marriage — especially when child-related issues cause contention. The collaborative lawyers will work to keep the focus of the parents on the children and their best interests, rather than the acrimony of the parents. There are no limitations to the issues that can be resolved collaboratively — even complex division of property in high net worth divorces.

Any person in Alberta who is considering divorce and weighing the options may benefit significantly from consulting with one of the lawyers at the Calgary law firm of Kirk Montoute Dawson LLP. The lawyer can explain the pros and cons of collaborative law as compared to other options — including litigation. Comprehensive knowledge and understanding of the options may allow the individual to make an informed decision about the process that will be best for him or her.

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