What is Cooperative Law

Why should you consider Cooperative Law? Separation and divorce are usually incredibly stressful times. People often get wildly conflicting advice from friends, coworkers and family members. While you want to do what’s right, you also want to get your fair share. But what is a “fair share?”

Charleston Cooperative Family Law Association (CCFLA) is made up of lawyers who are experienced in the family court and primarily handle family court cases. This includes division of marital property, division of marital debt, spousal support, child custody, visitation, child support, attorneys’ fees and costs, and all related matters. CCFLA lawyers have made a choice to work, whenever possible, to settle these cases quickly and without contentious litigation.

Cooperative law works because both sides and their attorneys agree to refrain from filing litigation or going to court (except in bona fide emergencies), agree to voluntarily exchange necessary financial and other information, and agree to negotiate in good faith. The goal is to minimize acrimony, minimize time and minimize expense. Where children are involved, the hope is that the goodwill achieved will spill over into the co-parenting relationship and other aspects of the parties’ lives. Divorce will rarely, if ever, be a positive experience, but it can be less expensive, less acrimonious, less time-consuming and less painful. That is what the members of CCFLA hope to achieve.

There are times, however, when disputes cannot be resolved through negotiation. Sometimes there are genuine emergencies that must be heard by a judge. Sometimes a party acts in bad faith. When these things happen, the members of CCFLA are committed to advocating zealously for the best interests of their individual clients.

Our Mission Statement

The mission and principles of our membership is as follows:

• Parties and attorneys commit to negotiate in good faith and to conduct themselves in a civil, respectful and professional manner at all times.

• Parties and attorneys commit to respond promptly and honestly to reasonable requests for financial and other information from the other party/attorney.

• Parties and attorneys commit to obtain neutral expert input as necessary and share the findings freely;

• Parties and attorneys commit to not file a court action until agreed to by both parties or in the event of a court-recognized emergency.

• Each attorney commits to use best practices for the benefit of his or her client.

• When children are involved, parties agree to put their children’s interests first and to do everything in their power to keep the children insulated from family conflict and from litigation.