The problem though, is that in scenarios like these, neither party really comes out on top. By the time the fight is over, more damage will have been done to both parties than was ever in contention from the off. Sadly, the damage is almost never restricted to the parties either. More often than not, collateral damage exists in the form of terribly hurt children and devastated relatives. But it doesn’t always have to be so. Collaborative law affords couples an opportunity to end their marriage in a sane, civil manner. Through the medium of collaborative divorce, couples can find their common grounds and reach satisfactory agreement on differences in a swift and non-accusatory process.

At Shur Law , we have helped many couples find civil resolution to their marital disputes through collaborative law processes. By helping them find better and more conciliatory ways to resolve their differences, we help ensure that divorce does not turn out as difficult as it often sounds.In this article, we’ll explain what collaborative law means and how the mechanism of collaborative divorce helps couples find the least contrary way to end their marriage.

What is collaborative law?

Collaborative law, also referred to as collaborative practice , is an area of law that focuses on resolving disputes without involving the courts. It falls within a range of alternative dispute resolution procedures that are created to make the process of resolving disputes faster and less accusatory. Collaborative processes are similar to mediation and arbitration, with the difference that they focus on compromise and negotiation between the parties. Although the aim of collaborative law is to move disputes away from the court room, it usually involves lawyers. In processes that fall within this area of law, both parties will still retain attorneys although their jobs will not be to throw darts at each other. They may also involve other professionals such as collaborative coaches, financial specialists or child specialists.

Collaborative divorce is one of the processes within collaborative law. Although the final aim of the process is to secure the mutual separation of the divorcing couple, the focus of the process is to achieve this as painlessly as possible. This is why, aided by lawyers, the process helps the parties come to a mutually acceptable dissolution by employing cooperative techniques rather than adversarial strategies.Frankly speaking, collaborative divorce is the perfect process for couples that want to end their marriage in the least dramatic way possible. It also has the added advantage of protecting every other party involved, directly and indirectly, so the collateral damage is limited or even extinguished.

Benefits of collaborative divorce

There are several benefits to being able to avoid the spectacle of a full-blown court process in favor of collaborative divorce. Some of the most important benefits include the following:

Swift and painless process

Anyone that has had to go through a protracted divorce will agree that it can be more than a little inconvenient. Even when the process does not stretch into an extended debacle, it has the propensity to wring its participants out emotionally.

Traditional divorce is also invasive, and even at the best of times, may involve the disclosure of very private affairs to the public in court. Through collaborative divorce, couples can find a swifter and infinitely more private solution to their disputes.

Protect children and loved ones

The usual problem with divorce is that the emotional damage often spills onto individuals other than the couple. Children and loved ones are usually fair game in the maelstrom of emotions that surround divorce proceedings.

Collaborative divorce helps couples manage the situation much better, providing an organized civil process that helps them keep a handle on things. With your specially trained collaborative law attorneys working for you, there’s a much better chance that you can protect your loved ones while achieving the resolution that you need.

Negotiate a mutually beneficial compromise

Issues such as child custody, alimony and child support are often enough to turn even the most civil proceedings into a mess. One of the basic reasons for this is because lawyers on both sides are mostly looking to get what they can for one party, and that party alone.

This outlook often ends up with someone getting what they want, and the other getting left in an undesirable position. The peace doesn’t often last very long either. Should you choose to go the collaborative route, it makes it easier for you and your spouse to find a better, lasting solution to your differences.

How collaborative divorce works

The collaborative divorce process usually begins with contacting a trained collaborative divorce attorney. It is important to find an attorney that has been specially certified in collaborative practice, to ensure that they know what they’re doing.

Once you have decided on the lawyer you want to guide you through the process, you should meet with them privately to let them know what you want from the process. The next step after this will be to set up a meeting with both parties. It is at this meeting that the participation agreement will be signed by both parties.

What is a participation agreement?

The participation agreement is a special document that is expected to guide the collaborative divorce process. It is essentially an undertaking by both parties that they will participate in the process and do their best to ensure its success.

The document spells out the rights and responsibilities of both parties and their lawyers. By signing the agreement, you agree to negotiate the entire dispute and refrain from going to court or threatening court action. The agreement also contains something called a disqualification provision. The provision is a fail-safe that aims to provide the parties should the process fail to secure a resolution of the dispute. It provides that if the case gets to court, each party will have to hire a new lawyer.

There are two benefits to this. First, you can be confident that should the collaborative divorce fail, you will never have to suffer through a cross-examination fueled by material from the failed process. Second, it ensures that your collaborative divorce attorney is 100% committed to helping you settle the case. They know that if they fail, they’ll be out of a job.

The process usually comes to an end once a satisfactory arrangement has been reached between the parties. This will be evidenced in an agreement that will then be presented to a court for pronouncement. This seals it and makes it binding on both parties, with equal force as a judgment of the court.

Let us help you find a painless resolution

Our remit at Shur Law is to help our clients find the best possible solutions to their problems. And through the collaborative divorce process, we have helped many like you reach a satisfactory conclusion to otherwise sticky disputes.

Collaborative divorce can save you time, money and the emotional trauma of litigation. Should you wish to understand more about how the process can help you, please contact us (513) 448-4099.

The post Collaborative Law – A better Way to End your Marriage first appeared on Shur Law.

1. Talk to a professional or someone you trust

A marriage counselor, therapist or even a trusted friend will help you decide whether divorce is the right answer. I wish I had that answer for you, but I don’t. No one but you has that answer, but taking the time to talk through the issues you are facing will be enlightening. If after taking the time to sort through what you want and you decide that the best thing for you and your family is to end your marriage, your next step is to:

2. Get organized

In an ideal world, we would always be perfectly organized with all of our bills in a database, our kids activities in one calendar and possess an inventory of everything we own and how much its worth. The reality is that most people are just getting by and being organized has fallen to the wayside. Your attorney will not know what assets you have, what debt you have, your incomes, your children’s schedules, or a number of other things unless you have these items prepared for him or her. A word to the wise, the more organized this information is, the less expensive your legal costs will be. After you have organized your life and tracked down everything,

3. Find an attorney you trust

​If you have started your search you have likely noticed similar catchphrases by divorce lawyers. Trustworthy, compassionate, affordable, experienced, you get the idea. There is a reason they are similar, these are the things our clients have told us in the past that are most important. I also think it is important that your divorce attorney focuses the majority of their practice on family law issues. The reality is that when an attorney does too many practice areas, he or she is not going to be able to stay on top of all of the changes in the field. An attorney that focuses on family law is also familiar with how the courts, judges, magistrates and other attorneys behave. He or she will be better at projecting the likely outcome and aid in settling issues without going through the expense of litigation.

The post I can’t do this anymore…I need a divorce. Where do I go? What do I do? first appeared on Shur Law.

When parties to a child custody action are unable to reach a custody agreement on their own, the primary test that Ohio courts apply to decide custody is known as the “best interests of the child standard.” The best interests of the child standard is codified at ORC 3109.14. Whether you are a parent contemplating a divorce or a grandparent, caregiver, or other family member involved in a child custody action in Ohio, it is important to understand how courts decide custody.

In Ohio, courts determine child custody and visitation issues in part by analyzing specific factors concerning the child or children. In Ohio “child custody” and “child support” are referred to as “parental rights and responsibilities” and the factors considered in these cases are collectively known as the “best interests of the child” standard. Ohio is among approximately 22 states that codify its best interests of the child standards in its statutes.

The best interests of the child statute in Ohio assists a court in its decisions regarding child custody and these factors considered include:

• The emotional relationships between the child and their parents, siblings, family and household members, as well as other caregivers;
• The mental and physical health of each parent;
• The capacity of each parent to provide a safe home environment as well as suitable food, clothing, and medical care for the child;
• The presence of domestic violence in the home;
• The wishes and concerns of the child if the court assesses that the child is able to understand their situation and the child is interviewed in chambers;
• The wishes and concerns of the parents; and
• Which parent is more likely to honor the court’s orders and custody arrangement – which means that the court will take into consideration whether either parent has previously disobeyed custody or visitation orders.

This is not a complete list of all factors. Further, in addition to the best interest factors listed in ORC 3109.04, Ohio courts have authority to consider “all relevant factors” when determining custody issues. “All relevant factors” encompasses not only the best interest of the child standard, but just about anything that has bearing on the best interest of a child. Which means that Ohio custody cases can become complicated. Having a clear voice in any court decision where custody of your child is at stake is essential.

We have experience with child custody matters and work diligently with our clients to create parenting and custody arrangements that result in successful negotiations outside of court. When successful agreements amongst the parties are not possible, we provide experienced advocacy in domestic relations litigation. We offer free consultations where we can provide a general assessment of your custody case in Ohio.

Call Shur Law at (513) 449-0990 to discuss the specifics of your child custody case.

This article is not specific legal advice and does not create an attorney-client relationship. This article provides a broad overview of laws in Ohio – each custody and support situation is unique. The best way to gain a true assessment of your own child custody case or child support case is to contact an attorney.

The post How Do Ohio Courts Decide Custody? first appeared on Shur Law.