Collaborative Law and Uncontested Divorce
Ms. Vanderwarren accepts a very limited number of cases in which clients have chosen the Collaborative Family Law model or seek an uncontested divorce. A very brief description of both processes follows. If you have questions about Collaborative Law, visit the the frequently asked questions page for Collaborative Law.
Collaborative Family Law
Many couples are seeking a way to reach agreement about their divorce without the emotional and financial cost of the traditional divorce model that involves litigating the divorce. Collaborative Family Law (sometimes called collaborative divorce) is an effective way for couples who are separating or divorcing to resolve differences while avoiding the disadvantages of the litigation process. Collaborative law recognizes that divorce is more than a legal event and helps empower families to realize a more complete and long term resolution. Child custody, visitation issues, property division, support and tax issues can be resolved using the collaborative law process.
Some couples agree on each and every item that needs to be resolved before ending their marriage. In this case, the couple can obtained what attorneys refer to as an uncontested divorce. The divorce is not necessarily amicable, but it does mean that the parties have resolved their disputes outside the courtroom.
The attorney in an uncontested divorce will request discovery from the other spouse, prepare the documents and discovery on behalf of the client spouse and make filings with the court. The other spouse is not required to, but is encouraged to engage their own attorney to review discovery and other documents, and to provide legal advice and represent the other spouse at the court hearing. An attorney can only represent one individual to a proceeding – an attorney cannot represent both parties in a divorcing couple.