Divorce is often an emotional, costly, and complex process that requires spouses to have open communication and consideration of one another; however, divorce is unique to each spouses situation and requires time, money and the help of attorneys.
Courts encourage couples to work collaboratively to resolve divorce disputes. If couples cannot agree to all of the terms of the divorce, a mediator or neutral third-party will need to get involved to facilitate conversations and help resolve disputes.
The mediator, or, a trained and experienced collaborative divorce attorney typically uses an “interest-based negotiation” method. This allows spouses to figure out agreements that focus on both individual and mutual goals. All of this is done to ensure the most cost-effective and amicable split.
This article will discuss in detail what collaborative divorce is so you can determine if this path is the right choice for you.
What is Collaborative Divorce?
Collaborative divorce is a legal divorce process that provides couples the opportunity to negotiate all the terms of a divorce without fighting in court. Usually a combination of mediation and negotiation is used to reach an agreement on certain terms of divorce like division of assets, child custody and support, and spousal support.
A collaborative divorce requires an initial conversation between spouses to ensure both people are on the same page and willing to negotiate and work together collaboratively. If both parties cannot collaborate, then a collaborative divorce process cannot happen.
If they can agree to negotiate, hiring an attorney is next. Each spouse should hire the help of an experienced divorce attorney well-versed in these cases so each party can leave feeling like it’s a win-win situation. It’s also important to ensure that you hire an experienced divorce attorney willing to use alternative dispute resolution as a solution rather than having them recommend going to court to have a judge resolve your issues.
From there, you will meet with your attorney and discuss what you want out of the divorce. Once things are planned out on both ends, it’s time to meet with your spouse’s attorney to see if goals line up. If they do not, then more mediation will take place until an agreement is made. The goal is for couple’s to make enough progress to reach a settlement at the end of the divorce.
Once spouses have negotiated their terms, the lawyers will draft a settlement agreement for both parties to sign. From there, if the judgement is deemed fair and reasonable to both spouses, the judge will sign off on it and that settlement will become the final judgement of your divorce.
Is Collaborative Divorce Right for Me?
Collaborative divorce depends upon couple’s ability to negotiate and work together. It’s a route that can save a lot of time and money. Other factors like domestic violence or other irreconcilable differences, contested divorce is likely a route you would need to take. Contested divorce focuses on what each spouse is entitled to according to your state’s law.
Divorce is a mentally exhausting and emotionally charged process. The end of any relationship is difficult especially when children, assets, and money are involved. It’s rare when couples walk away from divorce feeling like they received everything they wanted out of it, but the benefit of a collaborative divorce ensures couples get the opportunity to decide how they would like to proceed with divorce issue without third-party intervention like a judge.
If you are in the process of a divorce or are needing advice regarding these matters, you need to hire the help of an experienced family law attorney. If collaborative divorce sounds like something you’d be interested in pursuing, contact us.