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Find out what collaborative divorce is and why it’s often preferred.

On Behalf of | Jul 6, 2021 | Divorce

Divorce can be a messy, long-running process with hurt feelings on both sides, and excessive spending on legal fees. It can also be quick, seamless, and relatively painless, even for partners who don’t agree on everything. With collaborative divorce,
each person can work with their respective attorney to reach reasonable, mutually acceptable agreements concerning child custody, the division of property, and more. By collaborating, both partners able to limit the amount of legal assistance required, reduce their spending, and quickly put this challenging experience behind them.

Mediators can help with collaborative divorce

Although collaborative divorces can be infinitely easier than high-conflict divorce cases that eventually make their way to court, general contention, and the inability to agree on key issues may make mediation necessary. Mediators are unbiased third parties who help facilitate productive communication, assist with settlement negotiations, and redirect emotionally driven conversations. Divorcing couples might work with mediators when disagreeing on the fine details of child custody agreements, child support, spousal support, or the division of property or other assets.

There are many benefits in choosing a collaborative divorce

During a collaborative divorce, all of the information that’s shared by each party is done so on a voluntary basis. These arrangements make it possible for each person to quickly stabilize their financial situations. When minor children are involved, amicable and productive negotiations early on can also help minimize the stress of divorce by fostering a greater sense of normalcy. Moreover, when successful, this manner of divorce can be both far cheaper and far less time-consuming.

What is a collaborative divorce like?

During a collaborative divorce, you and your partner will negotiate a reasonable agreement with the help of your individual attorneys, and with the assistance of an outside mediator if needed. You and your spouse will meet on a routine basis, with both of your respective attorneys in the room. If the division of assets is especially complex, or if there’s any significant disagreement concerning child custody, other professionals like accountants and child custody specialists may be present as well. Once an agreement is reached, it will be reviewed and signed by a judge so that the divorce can be legally finalized.

When choosing a collaborative divorce, you’ll likely need to sign a document stating that your attorney will withdraw from your case in the event that you and your spouse are unable to reach an agreement. This document or a similar one will also be signed by your spouse and their attorney. When collaborative divorces do not reach acceptable agreements, both parties will need to hire new attorneys to represent them in court.

You can choose to take a collaborative approach at any time during your divorce. For couples willing to make the effort, collaboration can be incredibly beneficial. The best way to get started is by speaking with your spouse and consulting with a collaborative divorce attorney.