Advantages and Disadvantages of Collaborative Law in Divorce & Are Immediate Relatives Eligible for Green Card?

Collaborative Law in Divorce

Divorce is a typical process and may involve a lot of complexities. All members of the family get affected. Divorce in the courtroom can take time, cost you a lot of money, requires an attorney, and involves a lengthy trial. 

Often courts encourage couples getting a divorce to work together and resolve the divorce disputes. It helps the teams to maintain a friendly relationship after the termination of the marriage. If the couples are not agreed on any condition, they may seek the help of a mediator or neutral third party to resolve the dispute.

Collaborative law is the alternative to dispute resolution. It focuses on creating a safe environment and place for the parties to express, efficiently negotiate and resolve the conflict without going to court.

What is Collaborative Law?

Collaborative law is an alternative dispute resolution, is a comparatively more straightforward process dealing with protecting legal clients’ needs. Instead of depending on the court’s decision and fighting a battle in the courtroom, the involved parties agree not to prosecute. Instead, the parties allow their lawyers to serve as advocate partners. 

Collaborative law works to resolve disputes quickly, inexpensively, and with custom outcomes. In collaborative law, the parties discuss their conflict in person and work together to resolve the matter. 

The two main types of collaborative law include- negotiation and mediation. In negotiation, the parties or their attorney talk about the dispute and try to get a solution. Mediation is similar to negotiation, but it involves mediation or a neutral third person. 

The mediator will sit in the negotiation and analyze the situation of both parties. The mediator helps the parties to get a solution. If the parties are ready for the answer, the mediator will write up an agreement, usually getting approval from the judge and becoming a binding court order. Get more information about Collaborative Law at Getlegal.

Advantages and Disadvantages of Collaborative Law in divorce:

  • Potential Advantages of Collaborative Law:
    • The collaborative law approach enables the parties to resolve the dispute outside the courtroom in a personal space.
    • Both the parties have more control over the process and the outcomes. The parties set the parameters and items for discussion.
    • The parties involved may get the assistance of collaborative law professionals like financial or tax advisers, child specialists, collaborative divorce coaches, or any other integral to your decision-making process.
    • Collaborative law gives you the right to bring in experts who can help you make informed decisions.
    • Collaborative law enables you to get the issue resolved quickly and with less amount. You will not have to wait for a specific date as in court, nor you will have to pay additional court fees for a judge’s time.
    • Collaborative law offers a more positive experience and leads to better agreements. Getting a solution in a collaborative process helps maintain a healthy relationship of concern. 
  • Potential Disadvantages Of Collaborative Law:
    • Somewhere you will have to compromise
    • It’s not the cheapest option
    • You will have to work together by trusting each other
    • If you are seeking the help of experts they will have additional fees

Are Immediate Relatives eligible for a Green card?

Based on the family relationship, the immediate relative of a U.S. citizen can become a lawful permanent resident of the U.S if he/she meets specific eligibility criteria. Read more about the immediate relative.

  • You are an immediate relative if:
  • You are a spouse of a U.S citizen
  • The children of a U.S. Citizen (if the children are unmarried and under 21 years)
  • The parent of a U.S citizen (the U.S. citizen should be a minimum of 21 years of age)

Summary:

Collaborative law allows the parties to resolve the dispute outside the courtroom. The parties discuss the arguments and try to fix them by reaching an agreement. Collaborative law is an alternative to the courtroom to resolve disputes. If the participants chose lawsuits over collaboration, the attorneys get “fired.”

You and your lawyer should have agreed on the concerns before beginning negotiations. The immediate family is a given category of relations that we use in rules and regulations to decide which family members of a person are subject to specific laws.

It involves less time, cost and considered to be more effective. The parties have certainty about the outcome, but it requires working together with the opposite party.

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