Going through a divorce can be a difficult and confusing time. Divorces often involve lawyers, court dates, and a lot of time and costs. This is especially true for divorcing couples that can't agree on anything and require the intervention of attorneys and judges to resolve all of their disputes. On the other hand, there are some couples who don't have any disagreements and find themselves in a pretty straightforward divorce. For them, the only legal help they likely need is guidance with filing their divorce papers.
Most people, however, find themselves in the middle where they are able and willing to come to agreements outside of court, but may not be able to agree on everything. In these situations, the parties may have different views on how to best settle issues like child custody, support, and property division, but they may not necessarily have to go to court to settle their issues. These couples could benefit from using a collaborative divorce procedure.
What is a collaborative divorce?
Collaborative law refers to the process of removing disputes from the "fight and win" setting of a courtroom into a "troubleshoot and problem solve" setting of negotiations. Thus, a collaborative law divorce is a process by which parties use mediation and negotiations to settle their divorce.
Some courts even make it mandatory that divorcing parties seek mediation or collaborative divorce before litigating in court. Note that it takes two willing participates for a collaborative law divorce to work. If your spouse is reluctant, mediation and negotiations may be fruitless.
What are the benefits of using a collaborative divorce?
There are a number of benefits to being able to avoid using the court process to resolve your divorce issues. Some of the more important benefits of using a collaborative model are that it:
What's the process of a collaborative law divorce?
The following is a basic step-by-step process to display how most collaborative law divorces proceed:
Collaborative divorce can save you time, money, and the stress of litigation. Most importantly, it can allow the parties to work together to reach a solution that is best for everyone involved.
Get Started With Your Collaborative Divorce: Hire an Attorney
The legal issues involved in a divorce are numerous and complex. Collaborative divorce is now a popular method to come to agreement on these issues, and a competent divorce attorney will know how to effectuate a collaborative divorce without resorting to litigation. Finding a trustworthy and competent attorney is the key, so check out FindLaw's collaborative divorce attorney directory today.