Gagne@Law

Collaborative Law

casca — Fri, 20 Aug 2010 20:02:41 +0000

Collaborative Law is one of the more civilized ways to obtain a divorce. It is a process designed for divorcing couples to work as a team with their attorneys and other trained professionals to resolve their marital disputes respectfully, without ever going to court – other than to have the court bless their agreement.

One of the major differences from the traditional method of divorce (litigation) is that both the couple and their attorneys commit to the following:

To negotiate a mutually acceptable settlement without using court to decide any issues for the clients;
To engage in open communication and information sharing; and
To create shared solutions which take into account the highest priorities of both parties; but,
To withdraw the professionals (including the attorneys) if either party changes his/her mind to litigate.

It can be transformative for both parties; it can have long-lasting results for both the parties and their family members when both people allow it!

If Attorney Gagné represents you as your collaborative lawyer, your spouse will need a collaborative lawyer to represent him or her as well. If your spouse does not yet have an attorney and would like a recommendation, you will be provided a list of qualified attorneys that are specifically trained in Collaborative Law.

Attorney Gagné is the first attorney in Brockton to use the Collaborative Law process with divorcing couples. She is a co-founder and member of the South Shore Collaborative Practice Group and Massachusetts Collaborative Law Council.

Divorce Mediation

casca — Fri, 20 Aug 2010 20:01:06 +0000

Divorce Mediation is a voluntary process which offers a more benevolent alternative to divorce litigation. Mediation requires parties that are committed to resolving their issues together, to finding a middle ground in which both parties will go away feeling as if they are getting a fair and reasonable “piece of the pie.”

The Separation Agreement or Memorandum of Understanding (MOU) that is the end result of the couple’s mediation sessions reflects what the parties want versus what the Court dictates when no settlement is reached. There is a greater sense of satisfaction and closure once the parties have designed their Agreement or MOU.

Some of the other benefits often realized by mediating:

Decreases the degree of hurt and anger;
Lessens strife and contention from which children benefit;
Costs much less than litigation;
Allows compromise and negotiation; and
Quicker than litigation

This process is open to any couple who has a history of being able to make decisions together. Mediation is usually not appropriate for parties who have been involved in domestic violence – with or without a restraining order.

Litigation

casca — Fri, 20 Aug 2010 20:00:05 +0000

Litigation involves the Probate & Family Court in the county in which the parties live or in which one still lives. The process is initiated by one of the parties filing a Complaint for Divorce. Usually, several hearings are held before a Judge. The parties are encouraged to come to an Agreement on all of the many issues. If no Agreement is reached, then the parties must go to trial. There are some situations in which litigation is the only method of resolving some of the many issues.

Domestic Relations Office

casca — Fri, 20 Aug 2010 19:21:38 +0000

Gagné @ Law is a Domestic Relations Office where we help you to resolve your family law issues which include primarily:

Divorce
Property Division
Child Custody
Parenting Plans
Child Support/Alimony

Modification
Paternity
Contempt
Domestic Violence