Should You Get a Collaborative Divorce?
Though divorce is not new, every divorce is different and there are many different ways to complete your divorce. Which is best for your unique situation will depend on various factors including your relationship dynamic with your spouse, your location, how busy you are, what you budget is, and what your desire outcome is (beyond the divorce being finalized). You can go to court to litigate your divorce, get a virtual divorce, work with a divorce mediator, or get a collaborative divorce. A collaborative divorce is best when both spouses agree on most aspects of their divorce, are amicable, and want to reach a settlement as peacefully and quickly as possible.
When both parties agree to work towards a settlement and avoid litigation altogether, a contract is signed that binds them to their commitment to not go to court. For the right situations, collaborative divorce can save significant time, money, and emotional trauma. It is important to note, though, that when the goal of a of finding win/win resolutions on all fronts can lead to compromise that you may not be comfortable with so be certain that this type of divorce is right for your unique situation. Though collaborative divorce may help you avoid litigation and save money, divorce mediation can provide nearly the same benefits without having to commit to reaching a settlement ‘at all costs.’
How collaborative divorce works
By definition, collaborative involves a series between partners and a collaborative. These meetings are held in anonymous locations like a private office instead of open court rooms. During these meetings, the collaborative team will gather information about a divorcing couple, identify their goals, and negotiate settlements that works best for them. It may also involve other steps depending on the nature of a separation.
First, couples awaiting divorce should get legal counsel from experienced divorce attorneys. These professionals will represent them in trial hearings and discuss with the other parties to reach an amicable settlement. The collaborative divorce lawyers will provide knowledge about the proceedings and preparep their clients for meetings.
During the first interact, couples and lawyers sign a participation agreement, committing to the collaborative process regulations. They also agree not to go to court until a settlement is not agreed. If couples proceed to court hearings, the collaborative team will disqualify them from the case. Hence, they have to hire a new lawyer.
In this divorce proceedings, couples should work together respectfully. They have to collaborate in good faith to resolve issues. This benefits their best interests and the life of their children. Honesty is key in such matters. Especially when the divorce case is complicated with debts and assets.
Next, they should provide relevant information to the collaborative team that are essential to successive steps. Failing to do so may result in unwanted consequences that could affect the future of their children. Couples also agree to produce all financial documents that the team requires at various stages of this process.
Most collaborative divorce proceedings involve a team working together to help clients. Divorce affects various aspects of a person’s life. It also puts them at a emotionally vulnerable situation. Hence, it demands the utmost attention to case details. A team approach ensures such an attention since every team member is focused on reaching a settlement.
In addition to collaborative team members, there will also be a financial neutral who help to resolve asset-related issues. Their involvement reduces any risks of disputes that could affect the outcome of this case. Along with financial specialists, divorce coaches and child healthcare professionals are also present during this meeting.
Settlements are achieved through successive discussions. Collaborative team will find issues in a marriage and guide couples in the process of resolving them. They will be present during all meetings so that partners wont have to discuss the issues alone. This support is essential to navigate the proceedings without any hassles.
Parenting responsibilities are also discussed during this meeting. Couples get to separate their assets and debts. They also determine the kind of financial support one parent needs to take care of a child. By fixing these issues. every member remains respectful to one another.
During these meetings, attorneys will also be present to discuss any legal issues. once the agreement is reached, they write the terms into agreement and produce them as legally-bind documents to the court. This helps to schedule to final hearing in which every one finalizes the settlement.