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Should you take it to court - or look into collaborative divorce?

What's the best way for Maryland residents to work out their differences? When it comes to divorce, some would say that it is best to take the case to court and fight tooth and nail for every single shred of property, money and child custody rights that you can. But that view is changing, slowly but surely. And in its place the collaborative divorce process is rising to be the favored approach to what can be one of the most difficult types of legal cases.

Divorce, once a relatively low-percentage phenomenon in the United States, has been on the rise for decades, to the point now where most people would immediately be able to cite that the divorce rate in our country is about 50 percent. While that statistic may or may not be true, the one thing that is true is that those who do find themselves in the middle of a divorce proceeding are seeking out attorneys who embrace a collaborative practice approach to family law issues.

When this approach is chosen by divorcing couples, they can expect the process to go more smoothly than contentious court hearings, and they can most likely expect to save some money too, since a collaborative separation usually is a quicker way to get to a divorce settlement.

Besides looking for a smoother overall divorce process, couples are also beginning to appreciate how this process will leave them with a better post-divorce relationship, which can be absolutely crucial when the couple will remain co-parents for children, and must be accommodating when it comes to child support and visitation rights.

If a couple with children is going to get divorced, they may as well face the fact early on that they will have to interact even after the process is completed. The collaborative law approach is gaining acceptance at a lightning quick pace in the legal community, and those with a split approaching in their relationship would be wise to look into the benefits the process can bring.

Source: The Daily Reporter, "A Collaborative Effort," Randy M. Cauthron, July 28, 2012

  • Our firm handles situations similar to this post's subject. If you wish to learn more about our practice, you are invited to visit our Maryland collaborative divorce page.

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