The popularity of “collaborative” processes in family law matters is increasing. This area of dispute resolution even reaches divorce matters.
Understanding more about collaborative divorce can help spouses figure out if this process is a fitting option for them as an alternative to traditional litigated divorce.
What is collaborative divorce?
A collaborative divorce is a cooperative process by which spouses resolve their disputes between themselves in an informal setting such as negotiations and mediation rather than allowing a judge to determine their affairs. Each spouse hires his or her own attorney, but the attorneys do not take on adversarial roles. If both parties are able to keep an open mind and effectively communicate with one another, then this is a viable divorce option.
After the parties reach a satisfactory agreement, a domestic relations court will file the divorce papers and settlement agreement as a simple, uncontested procedure.
What are the benefits of collaborative divorce?
Collaborative divorce allows for more control of the outcomes. Working with your attorney, you will work through measured negotiations and thoroughly review all issues pertaining to your divorce. Additionally, you will work with other professionals such as a real estate broker, a child psychologist, a parenting coordinator and a financial planner. These individuals will use their expertise to assess the specific needs of your family including issues related to minor children and any distribution of personal property or finances.
If your case resolves through this process, you will save money, time and stress as you will not need to litigate the case in court.