Nicaud & Sunseri Law Firm, LLC
Southshore Local 504-662-9596
Northshore Local 985-218-0494
Menu Contact
Making the ComplexUnderstandable

Is collaborative divorce an option for domestic violence victims?

When considering their options for ending a marriage, many Louisiana spouses who have been subjected to acts of domestic violence disregard collaboration as a viable choice. There are cases, however, where a collaborative divorce can be a good fit for someone who has lived through domestic violence. In fact, one state has recently approved new rules outlining how these cases should be handled.

Those rules state that in order for a divorce to move forward through a collaborative process, both parties have to agree to that approach. If domestic violence is an issue, then the victim has to specifically request collaboration, and his or her attorney must sign off on the approach. The attorney must express a belief that the client's safety will be safeguarded throughout the divorce process.

In that state, collaboration is achieved through a series of three or four meetings, which last around two hours each. During those meetings, each party's attorney is present, in addition to a financial expert and mental health expert, both of which are neutral parties to the divorce. Those professionals work to inform and guide the spouses as they work to resolve the details of their divorce.

Many believe that collaboration can be a good fit for couples who have experienced domestic violence. In traditional divorce litigation, the more dominant and aggressive party often has a distinct advantage, which can be a problem for victims. In collaboration, there are more professionals directly involved in the sessions, which can reduce tensions and diffuse potential conflicts before they escalate. That can keep the focus where it should be, on helping the couple resolve their differences. Such an approach could make divorce a far easier process for many Louisiana spouses.

Source: news-journalonline.com, "Gentler, kinder collaborative divorce rules get approval in Florida", Frank Fernandez, Aug. 27, 2017

No Comments

Leave a comment
Comment Information
Email Us For A Response

How Can We Help?

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

Office Location

Covington Office
7020 US-190
Covington, LA 70433

Fax: 985-624-9698
Map & Directions

Metairie Office
3000 18th Street
Metairie, LA 70002

Toll Free: 800-230-7591
Phone: 504-662-9596
Phone: 985-218-0494
Fax: 504-833-2843
Map & Directions