Collaborative Divorce

A Constructive Approach to Resolving Divorce Issues

Whether you have been served with online divorce papers or you are contemplating filing for divorce, no one looks forward to going through the divorce process.  Many people presume that most divorces resemble something like the bitterness, animosity and lasting conflict of the War of the Roses.  Sometimes people are even led to believe that this type of divorce is advantageous because you may obtain favorable resolutions to your family law issues.

At the law offices of James S. Cunha, we advise our clients that while sometimes a contentious divorce is unavoidable, it is generally only the attorneys that benefit from that kind of divorce. The more conflict and animosity involved in your divorce, the greater the portion of your net worth that you have built over the course of your marriage that will have to be turned over to attorneys to pay for contentious litigation. Aside from the financial concerns, a tumultuous divorce often results in long-term animosity and conflict, which means that you and your spouse may have to continue going back to court to resolve issues even after the divorce has been finalized.

Our Law Firm is Committed to Constructive Divorce Solutions: Collaborative Divorce

Our office recognizes that if we can reach an amicable resolution to your divorce, it will save you money, reduce the stress on your children, achieve more lasting workable solutions to your divorce issues and allow you to avoid the stress and anxiety of a bitter contentious divorce.  The collaborative divorce process involves each side to a divorce retaining an attorney but signing an agreement not to litigate the issues in court.

The goal is to create an environment where both clients and their attorneys can engage in constructive problem-solving negotiation to resolve potentially contentious divorce issues.  Conceptually, a collaborative solution-approach to divorce is similar to a negotiated business deal that is designed to achieve a win-win solution for everyone. The parties continue to meet with their attorneys in a four way meeting process until all of the issues in the divorce have been resolved.  If the negotiation process breaks down so that either party decides that they want a litigated divorce, then both sides must obtain new attorneys.  The requirement that the attorneys be disqualified from litigation is important because it means that all four parties are clearly aligned toward reaching negotiated solutions as opposed to posturing toward litigation.

Many times the parties in a collaborative law style divorce will obtain the services of other professionals, including forensic accountants, real estate agents, family or child counselors or others who can help provide parameters for potential settlement negotiations.  Because these experts are agreed upon by both parties, they can offer professional advice and opinions that help the parties reach an agreement without fear that they are really nothing more than a hired gun paid to provide a favorable opinion to the party who retains them.

The Benefits of Collaborative Law in a Palm Beach Divorce

The bottom line is that whenever a collaborative divorce option is feasible both parties and their children typically benefit from this model.  The collaborative law process is designed to defuse conflict and promote constructive discussions that result in lasting solutions to family law problems.  It also promotes constructive interaction between parents in a child custody dispute, which often carries over even after the divorce is final to create lasting, workable timeshare and parenting plan arrangements. Parties to a litigated divorce often find that their final divorce decree is anything but final. In a traditional adversarial divorce, the parties may have a decision imposed on them by the court that neither side finds acceptable.  This prevents finality and creates a strong probability of repeated post-judgment litigation issues, which results in additional legal costs, as the parties are dragged back to court for repeated modification proceedings.

While the collaborative law process is an invaluable tool in the right situation, Mr. Cunha is well aware that some divorces simply do not lend themselves to this approach.  If you are involved in a highly contested custody dispute, for example, the collaborative law approach to divorce generally will not be appropriate. As a general rule, the more contentious the divorce the less appropriate the collaborative law approach. Similarly, where one party to a marriage tends to have virtually exclusive control and knowledge regarding the extent, nature and location of the marital assets, a collaborative divorce may not be the best approach because extensive discovery may be necessary to uncover hidden or diverted assets. 

Divorce Solutions Tailored to Your Specific Situation

Mr. Cunha and his legal team are committed to the philosophy of finding the best possible family law or divorce solution to fit your specific situation.  While Mr. Cunha and his staff are fully prepared to aggressively pursue litigation on contentious issues or where the other party is not being reasonable, we do not believe it is in our clients’ best interest to stir up litigation for litigation sake.  We carefully analyze the issues, facts and relationships that make your divorce unique so that we can develop the most cost-effective way to reach lasting, permanent solutions to the difficult issues in your divorce.  The experienced and dedicated team at our Palm Beach Family Law firm will explore all possible approaches to resolving your family law and divorce issues including arbitration, mediation, collaborative law and litigation.

At the law offices of James S. Cunha, we understand the emotional and financial challenges that our clients face when going through the divorce process and are committed to reaching constructive resolutions that minimize the potentially harmful impact of the divorce process on our clients and their children.  Our attorneys are committed to working diligently in navigating a path through the emotional roadblocks that can preempt a more peaceful and painless resolution to your divorce by employing skilled negotiation and a constructive problem-solving approach.

Contact Us for a Constructive Approach to Divorce

We are loyal and passionate about our clients’ cases and consistently seek the best possible resolution to their family law and divorce issues.  We bring a substantial level of skill, knowledge and diligence along with the ability to think outside of the box so that we can be the most effective advocates for our clients.