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Maintaining Your Dignity Through the Divorce Process

Posted by samanthas on September 5, 2012 in Home Living Tips with No Comments

Unfortunately divorce and separation is very common these days, and can be very stressful on all family members. Having a professional, experienced, caring divorce lawyer can help the divorce process go as smoothly as possible so that everyone can get on with their lives. A good collaborative family lawyer will ensure that both parties will leave the marriage with as much dignity and integrity as possible, and that all children or dependents involved will not endure any emotional scarring from such an ordeal.

All decisions made need to be completely rational and in the best interests of all who are involved – especially the children. Many issues that are dealt with in divorce proceedings need the expertise of a seasoned divorce lawyer Oakville Ontario to help settle properly. These issues can include the division of real estate, division of debt, spousal support, child custody and support, and child related expenses. These are all very sensitive issues that need the neutral advice of a collaborative family lawyer to help settle amicably.

Generally, the first thing that should be done in a divorce proceeding is to negotiate the conditions of a separation agreement. This agreement is especially important when there are children involved, in order to ensure that their current and future needs are addressed. The best interests of the children should ideally be dealt with in a separation before a divorce is finalized, with as much cooperation and collaboration between the parents as possible. Doing so will allow the children to be minimally affected by the process, especially if divorce court can be avoided (through mediation, negotiation, arbitration or other methods).

When you are considering divorce, employ the services of a reputable divorce lawyer who will protect your best interests and the interests of your children. Diane Daly has been helping spouses settle their disputes for over 20 years, and always has the best interest of the children at the forefront. She will fill you in on all you need to know about your rights and responsibilities in order for you to make the best decisions for you and your children.

Diane deals with a variety of processes that help separating couples avoid divorce court, including negotiations, collaborative family law, divorce mediation and arbitration. Call her team today at 905 844-5883 and let them help you settle your divorce as quickly and amicably as possible.


Collaborative Family Law May Be Your Best Divorce Alternative

Posted by samanthas on March 8, 2012 in oakville ontario, Oakville Ontario Services with No Comments

Divorce is very stressful for a couple ending their marriage. When children are involved it can be even more psychologically damaging. An aggressive and long legal battle can emotionally scar all parties involved. There are alternatives to going to court that make the divorce process less damaging, and also tend to be less expensive and quicker.

Collaborative family law is a cooperative approach to divorce. This model uses a team approach to assist spouses in resolving issues arising upon separation. The collaborative “team” includes both spouses, a collaborative family lawyer, and any other professionals they feel are needed (e.g. financial experts, family specialists). Often, lawyers are not needed for all aspects of the negotiation. This approach is cost effective and efficient because the spouses have access to the right expertise at the right time and the process is more in their control than divorce court.

In collaborative family law, spouses control the process and work together. If both parties agree to the collaborative model, a Participation Agreement is signed by the spouses and all professionals involved. During a series of confidential meetings, a collaborative family lawyer supports the spouses in identifying issues, generating options and choosing solutions that meet the needs of both parties. A separation agreement is then drafted. Collaboration eases the emotional strains of a separation and protects the well being of the children. Through open communication, full disclosure and mutual respect, both parties address their concerns. This paves the way for smooth transitions and positive interactions in the future. People who reach agreements themselves tend to be more satisfied than those who have decisions imposed on them by a judge.

Collaborative family law is voluntary and both parties must cooperate in the settlement meetings. If either spouse decides to go to court, everyone on the team must withdraw from the process. This is an incentive for everyone involved to be committed to negotiating and coming to agreements. The collaborative family lawyer’s role is to provide legal advice, and coach the spouses in an organized framework to agree on the terms of a separation agreement.

Collaborative family law will not work for everyone, but it is a viable and preferred method for many families.