Collaborative Divorce Attorney Assists Lancaster County Residents

Pennsylvania family lawyer works to help couples reach consensus on divorce terms

Deciding to end a marriage can be difficult, but some people stay in a relationship too long because they’re worried about the cost and stress associated with divorce. If you’re in this position, you might want to consider a collaborative divorce, which gives spouses a framework that emphasizes cooperation in pursuit of an equitable settlement. At Chan & Associates in Lancaster, I am an experienced Pennsylvania family lawyer who has extensive knowledge of the statutory law and practical considerations associated with collaborative divorce. Using this method, many Pennsylvanians have been able to secure the terms they seek while maintaining a civil, productive relationship with their exes.

What is collaborative divorce?

Even relatively amicable breakups between spouses can be tested during divorce litigation, which is inherently adversarial. Collaborative divorce removes this contentious aspect. Spouses and their lawyers sign a contract at the outset, agreeing to work together in order to pursue agreement on all terms. Instead of squabbling over procedure and developing arguments in secret, the parties vow to share key information and split the cost of professionals brought in to share expertise. Depending on your particular needs, you might retain a forensic accountant, a divorce coach, a child therapist or someone else who can provide unbiased feedback on the issues relevant to your case. Often, the collaborative process results in a marital settlement agreement. If not, the parties can end their collaboration and seek a traditional divorce. However, they must hire new attorneys, since their existing counsel are disqualified by the terms of the collaborative contract. 

What is the difference between collaborative divorce and mediation?

Though collaborative divorce and mediation have similarities, they are distinctly different processes. Mediation is a method of alternative dispute resolution in which a neutral third party guides discussions between the spouses in an attempt to settle disagreements. If no consensus is reached, the parties and their lawyers go to court. There is no attorney disqualification like there is in a collaborative divorce. 

Can both parties use the same attorney? 

Although cooperation is critical in collaborative divorce, each spouse must have their own attorney to ensure that their individual interests are protected. Once a marriage is dissolved, it can be difficult to change parenting or financial arrangements, so it’s important to retain a strong divorce lawyer who has a deep understanding of the collaborative process. 

Understanding if collaborative divorce is right for you

Many couples are drawn to collaborative divorce because they want to avoid the conflict, time and expense associated with matrimonial litigation. Still, it’s wise for each spouse to discuss the potential benefits and drawbacks with their own attorney before deciding to move forward with the collaborative option. Even in situations where there are hard feelings between spouses, collaborative divorce can work as long as they both are willing to put their emotions aside in order to focus on developing fair parenting and financial arrangements. However, divorces marked by allegations of dishonesty might not be well suited to the collaborative process. Moreover, Pennsylvania law mandates that attorneys are not allowed to start or continue a collaborative divorce where violence has been threatened, unless specific approval is obtained and the parties’ safety is adequately protected. 

Contact a Pennsylvania lawyer to discuss the collaborative divorce process 

Chan & Associates in Lancaster represents Pennsylvania clients during collaborative divorces and other types of marriage dissolution proceedings. For a consultation regarding the best method to resolve your divorce terms, please call 717-869-0015 or contact me online.