A Civil Way of Separating: 6 Questions and Answers About Collaborative Divorce

by

14 June 2019

Legal

Collaborative Divorce

A collaborative divorce is one in which spouses work together, with their lawyers, to reach a divorce agreement instead of taking the case to court. This process can help reduce stress, enable the couple to get divorced faster and help the couple save as much money as possible through the divorce process. While this is a relatively new way to get a divorce, this is one many couple are choosing because it can make the divorce process easier on everyone involved.

How Does Collaborative Divorce Work?

collaborative law process

During the collaborative law process, both spouses hire a collaborative divorce lawyer to protect their interests and help them through the divorce process. The lawyers and spouses will then have a series of meetings to identify the issues that need to be resolved and work on coming up with a solution that’s good for everyone. Other professionals may be called in to help facilitate these discussions and help the spouses find a good solution.

How Expensive is a Collaborative Divorce?

A collaborative divorce can be expensive, depending on how long it takes and how many professionals need to be brought in to help work out any issues. Traditional divorces will end with couples spending more than $20,000 for divorces that go through a trial. A collaborative divorce, on the other hand, doesn’t involve going to trial so, even with the added cost of help from professionals, the collaborative divorce is far less expensive.

Can Anyone Seek a Collaborative Divorce?

Any couple can seek a collaborative divorce, so long as both spouses are available and willing to work through the process. High-conflict divorce cases can be solved through the collaborative divorce process without the divorce needing to go through a trial. A collaborative divorce won’t be available if one spouse cannot be found or if one spouse does not wish to try this process.

Is it Possible to Switch from a Standard Divorce to a Collaborative Divorce?

Yes, but only if both spouses are willing to give a collaborative divorce a try. If the spouse who has already filed does not have an attorney trained in the collaborative divorce process, they must be willing to end the current divorce case and start over with a new lawyer.

What Happens if One Side is Dishonest?

While a collaborative divorce depends on honesty between spouses, it’s possible that one side will be dishonest during the process. If any dishonesty is found, the lawyer for that side is required to let the other side know and to withdraw from representing their client.

What Happens if an Agreement Can’t be Reached?

Collaborative Divorce

A collaborative divorce will work out well in most cases, but there is always the chance that spouses cannot come to an agreement. If this happens, the spouses can decide to quit the collaborative divorce and start over with a divorce that goes to trial. In this case, they will both be required to find new attorneys to help them through a traditional divorce.

If you are planning on getting a divorce, a collaborative divorce might be worth a try. Speak with a collaborative divorce attorney today to learn more about whether this is right in your situation, how you can get started, and how you can talk to your spouse and encourage them to start the collaborative divorce process.

Read Also:

Content Rally wrapped around an online publication where you can publish your own intellectuals. It is a publishing platform designed to make great stories by content creators. This is your era, your place to be online. So come forward share your views, thoughts and ideas via Content Rally.

View all posts

Leave a Reply

Your email address will not be published. Required fields are marked *

Related

Winning Your Premises Liability Claim

Winning Your Premises Liability Claim: The Intersection Of Law And Building Codes

Navigating a premises liability claim requires a deep understanding of how law intertwines with building codes. When accidents occur on someone else's property, determining liability often hinges on the adherence to, or violation of, these codes. Contacting Legal Assistance For Premises Liability Claims If you believe your injury was a result of a building code violation, it is crucial to seek legal advice. For expert guidance in such matters, consider having the proper connections with your agents, like the contact Christensen Law Firm. Good lawyers can always provide invaluable assistance in navigating the complexities of your claim, helping you understand your legal rights and the intricacies of building codes as they apply to your case. The Role Of Building Codes In Premises Liability Building codes is established to protect individuals from a wide range of hazards, including unsafe wiring, fire risks, and structural integrity issues. These codes serve as a baseline for safety standards that property owners must adhere to. In premises liability cases, if a property owner, architect, or contractor fails to follow these codes, they can be held liable for any resulting accidents. This liability stems from their responsibility to exercise reasonable care in maintaining a safe environment. Building Code Compliance And Legal Defense It's important to note that compliance with building codes does not necessarily provide a complete defense in a premises liability case. While adherence to these codes might protect a defendant from being considered negligent per se, it does not automatically establish due care. Therefore, even if a property owner has followed building codes, they can still be held liable if they fail to provide a reasonably safe environment. Examples Of Building Code Violations Leading To Liability Premises liability cases can arise from a variety of building code violations, such as: - Defective stairs leading to slip and fall incidents. - Injuries from exposed electrical wiring or structural failures. - Accidents due to missing handrails or non-functioning carbon monoxide detectors. These examples illustrate how failure to comply with building codes can be considered negligence, forming the basis for a premises liability claim. Read Also: The Impact Of Human Rights Legislation On Disability Discrimination Cases Assigning Liability In Building Code Violation Cases Determining liability in these cases can be complex, involving multiple parties such as property owners, architects, contractors, and their respective insurance companies. Each party's role and responsibility in maintaining or violating building codes must be carefully examined to establish who is at fault. Successfully navigating a premises liability claim where building codes are a factor requires a nuanced approach. It involves not only a deep understanding of the relevant laws and codes but also the ability to effectively demonstrate how these codes were violated and led to injury. Legal expertise, detailed investigation, and expert testimony are all essential elements in building a strong case. Understanding The Impact Of Negligence In Building Code Violations In premises liability claims, establishing negligence is a critical step. Building code violations can be a key factor in proving negligence. For example, if a property owner ignores a known hazard, such as a broken stairwell that violates building codes, and this leads to an injury, the owner can be held liable. The victim’s legal team must demonstrate that the property owner’s failure to adhere to the code directly contributed to the injury. The Challenges In Proving Liability Proving liability in premises liability cases involving building code violations can be challenging. It requires a thorough understanding of both the specific codes relevant to the case and the circumstances of the accident. For instance, a building code violation might be considered negligence per se, but only if it directly caused the injury. If the violation was unrelated to the incident, it might not support the claim. Therefore, detailed investigation and legal expertise are crucial in these cases. The Importance Of Expert Testimony In Premises Liability Claims Expert testimony often plays a pivotal role in premises liability cases, especially when building codes are involved. Experts in fields like construction, architecture, and engineering can provide insights into how a violation of building codes may have led to unsafe conditions. Their testimony can help clarify complex technical details and establish a clear link between the violation and the accident. The Bottom Line Winning a premises liability claim often hinges on the intricate relationship between legal principles and building codes. Understanding this relationship is key to establishing liability and securing the compensation you deserve. Remember, while adherence to building codes is a significant factor, it does not always absolve property owners from responsibility in the event of an accident. Read Also: 3 Personality Traits of a Successful and High-Ranking Criminal Lawyer 5 Reasons Why You Should Take A Criminal Lawsuit Seriously Criminal Case – Dos And Donts

READ MOREDetails
how old do you have to be to buy lighters

How Old Do You Have To Be To Buy Lighters?

How old do you have to be to buy lighters? This question might seem a bit stupid, but I am glad that you are looking for the answer. To be honest, carrying a lighter out of your kitchen or grill might signify that you are trying to light up one or two sticks. Also, people might feel that you are a smoker. Now, you know that you can not smoke until and unless you are 18 or 21. So, here the question comes, "do you have to be 18 to buy a lighter?" Here, in this article, we will help you find that. Read More: 7 Things You Should Know About Owning a Vape Do You Have To Be 18 To Buy A Lighter? - What Does That Mean It is actually legal in most areas of the US to purchase a lighter for a minor. Here, I would also like to mention that often different stores are discrete when it comes to selling lighter, whether the buyer is going to use it for "lighting up a tobacco product" or not. Here, another genuine concern plays a huge role. A lighter is a hazardous thing. So the concern is always there that without adult supervision, it can be dangerous for children or teenagers. As per the law, in most places, you can legally without proving your age from a merchant who is willing to sell it. Here are some things that you might like to know. In reality, there is no age restriction on the selling of a lighter or matches in the United States. But a lot of stores do not sell lighters to minors.At the same time, it is also illegal to sell novelty lighters to any child. And it is effective in only some particular states.Here, all those non-novelty lighters which fulfill child safety requirements can be a savior or can be sold to children.So, you see, selling any substandard lighter or all those laughter which lack child-resistant mechanisms is completely illegal in most states.Victims of any type of defective lighters might file a lawsuit for personal injury claim at any point.As I have also mentioned earlier that it is also illegal to sell choking hazards to kids.In case any retailer sells a choking hazard to any child, that individual might face a "choking hazard lawsuit." How Old Do You Have To Be To Buy Lighters? When you are looking for the answer to "how old do you have to be to buy lighters?" you must understand the concerns related to that. You might buy a lighter at any age, legally. But at the same time, as per the United States Consumer Product Safety Commission, any lighter manufacturer needs to include child-safety mechanisms in their products. So, when you are looking for an answer to the question, "how old do you have to be to buy a lighter?" you must have a complete understanding of different scenarios. In addition to that, in case a child is using a lighter in order to commit any crime or in case a retailer sells a defective lighter, the seller might face civil action. We all are aware of the fact that a lot of states have laws that restrict the sale of 'tobacco products to minors. Here we like to mention that this specific grey area sometimes can be enforced at a store's discretion. For example, they might think that they are not selling smaller cigarette lighter to minors, but at the same time, they might feel that it is completely fine to sell all those long-nose lighters. Do You Have To Be 18 To Buy A Lighter? In the above section, we have already discussed how old you have to be to buy lighters. The thing is that you might purchase matches or lighter at any age. And it is because FDA does not consider matches and lighters as tobacco products. It means there are no particular regulations on the items. Most states have explained the complete list of tobacco products long ago. And the list includes the following. Electronic cigarettes.Electronic pipes.Electronic cigars. You might not know that as per Alabama code section 28- 11- 13, it is unlawful for all minors to buy, use, possess or even transport tobacco or any type of alternative nicotine product within Alabama. On the other hand, it should not be unlawful for a minor employee who is working in a tobacco product, tobacco, or permit holder of alternative nicotine product in order to handle, sell, or transport tobacco products, tobacco, or alternative tobacco products. But here, the employee has to act within the line and scope of the permit holder and employment. In case the employee is at least 21 years old, the process is free from all these complications. At the same time, cigarette lighters are not considered a literal tobacco product. In case it is a nicotine byproduct or product, it is always illegal to sell them to kids. In some particular states, this specific law is a little more of a grey area because cigarette lighter can fall under the category of 'tobacco products.' A Child Commits Arson: Will, The Store Owner, Be Liable? Suppose any product is defective and you are the manufacturer. In this case, you will be held liable. To keep it simple, product liability laws are a set of rules which is responsible for governing the distribution, sale, and manufacture of products. So, in case you are a retailer of lighters or a lighter manufacturer in the United States, all those laws must always meet the below-mentioned standards.  The child-safety mechanism that is built into the lighter has to reset whenever any individual uses the product.A minimum of 85% of children who have tested the product must not be capable of doing the lighter work. The child resistance mechanism can not be easy to override.The child resistance mechanism of the lighters must work properly for the expected life of the same product. Frequently Asked Questions (FAQs): When it comes to legalities, we always have a lot of questions in our minds. And that is why here I am answering some of the most common questions that you might have in your mind. Let's go through the answers now. 1: How Old Do You Have To Be To Buy Lighters In Texas? As per the latest New Minimum-Age Law that is effective from 1st September 2019, the legal age for buying lighters in Texas is 21 years before buying e-cigarettes, e-vapor products, and tobacco products, and there is no such age for lighters.But a seller might face the consequences if they sell a lighter to a minor. 2: What Are The Penalties Of Selling Dangerous Products To A Child? According to Section 2069, "civil penalties," anyone who sells hazardous products to any child knowingly or violates prohibited acts that are mentioned in section 2068 is always subjected to civil penalties. However, the penalties will not exceed the range of $10000 for every violation. 3: What Is The Penalty Of Selling Novelty Lighters To Any Child? As per section 720 ILCS 668/20, the penalty for selling any type of novelty lighters to any kid is a $500 fine for every offense. 4: How Old Do You Have To Be To Buy A Lighter? We have already covered the answer to this question in the article above. Although the legal age is different for different states, there is no such legal age in most states. Here I would also like to mention that several laws and acts are there for this. Be Careful! Although there is no proper law regarding the age of buying a lighter. But there are different restrictions in different states. We have discussed that in the above article. It is always unlawful to sell lighters to minors also there is a risk of civil lawsuit in many cases. Read More: Legal Case Preparation – What You Can DoMake a Mark: The Vape Brand for Your LifestyleVaping is Fighting the Deadly Consumption of Nicotine

READ MOREDetails
DUI Florida

What are the Penalties for DUI in Florida

Driving under the influence (DUI) is a serious crime in the state of Florida. Often, drivers are unaware of both their rights when they are suspected of DUI and the consequences of a DUI conviction. First DUI Conviction : There are multiple legal options available for a first time DUI offenders, but depending on the circumstances of the offense, the punishments for your DUI conviction can be extremely harsh. These punishments, pursuant to Florida Statute 316.193, can include: A fine between $500 and $1000. Imprisonment for up to six months. Mandatory installation of an ignition interlock device, at the offender's expense, in all vehicles owned and operated by the offender for a continuous period of up to six months. The punishments for a first time DUI offenders can be increased in certain scenarios. These scenarios fall under what is called “enhancement statutes”. Generally, your first DUI offense is considered a misdemeanor, but certain circumstances can enhance a person’s first DUI to a felony. If during the course of committing your first DUI, you cause serious bodily injury to another, the DUI with a serious bodily injury can be considered a felony offense of the third degree, which can result in imprisonment for up to five years, a fine of up to $5000, and other punishments. Other enhancements can be applied if an individual is killed as a result of a first-time DUI offense, which is considered DUI manslaughter. Multiple aspects of the crime can affect the punishments rendered to a DUI manslaughter offender, and if you are ever charged with this crime, you should consult with first DUI lawyers immediately. These enhancements and others apply to repeat DUI offenders as well as first-time offenders. Second DUI Conviction : People convicted of DUI for the second time face the following enhanced sentences: A fine between $1,000 and $2,000. Imprisonment for up to nine months. Mandatory installation of an ignition interlock device, at the offender's expense, in all vehicles owned and operated by the offender for a continuous period of up to one year. Third DUI Offense : People convicted of three DUIs face serious sentences. The third DUI has automatically deemed a third-degree felony if the third DUI was committed within 10 years of a past DUI conviction. The sentences imposed for a third DUI conviction in this situation are as follows: Imprisonment for up to five years. A fine of up to $5000. Mandatory installation of an ignition interlock device, at the offender's expense, in all vehicles owned and operated by the offender for a continuous period of up to two years. If the third DUI offense is committed more than ten years after an offender’s last DUI conviction, the offender will face the same amount of time with an ignition interlock device, but the fine imposed is between $2,000 and $5,000 and the term of imprisonment cannot exceed one year. Fourth DUI Offense : A fourth DUI conviction, regardless of when it occurs, is considered a third-degree felony punishable by up to five years in prison and a fine of $2,000 to $5,000. In addition to the penalties discussed, every DUI conviction carries with it a minimum period of revocation of the offender's license, which can be found on the Florida Highway Safety and Motor Vehicles website. If you have been arrested for DUI, contact a criminal defense attorney in Winter Park, FL.

READ MOREDetails