Do you want to divorce amicably? Does your partner want the same thing? If so, then both of you should consider a collaborative divorce.
A collaborative divorce is a simplified approach to divorce that does not take on the tedious and exhausting litigation process. During a collaborative divorce, both parties sign a binding agreement stating they will not take their case to court.
Instead, the spouses sit down with their divorce lawyers and discuss a suitable agreement that works best for everyone involved.
If executed properly, this approach can save divorcing parties a significant amount of time, stress, and court expenses. Here are some of the top reasons why you should attempt a collaborative divorce.
Collaborative Family Law – An Overview
Collaborative family law aims to help couples either married or unmarried, who are considering separation or divorce, to reconcile their differences amicably through an Alternative Dispute Resolution (ADR) process.
The parties in a divorce can choose to resolve their disputes either in court or out of court by hiring attorneys. If the two parties cannot reach an agreement on how to resolve their disputes amongst themselves, they can bring a collaborative divorce lawyer into the picture.
The collaborative law attorney will meet with both parties separately and together so he or she can try to help them reach an amicable resolution of all issues between them.
The Collaborative Law Process in Family Matters
Basically, this is a process where the parties involved agree to resolve their disputes through a collaborative law agreement that they will formulate together.
The process starts when both parties enter into an initial consultation and meet with the collaborative law attorney who is authorized to advise them on how they can settle all issues related to their marriage or divorce by using alternative dispute resolution.
In most cases, the collaborative law process is conducted outside of court. In some cases, however, the collaborative law process may be conducted concurred with litigation, which is referred to as Litigation-Collaborative Law Hybrid.
As opposed to focusing on individual issues between the parties, such as custody and support, under this process both parties will usually make a concerted effort to work out a settlement agreement that will resolve all disputes related to their marriage and is prepared using the collaborative law process.
Why You Should Attempt a Collaborative Divorce?
Below are some of the top reasons why you should attempt collaborative divorce.
1. Stay out of court
One of the most significant benefits of collaborative divorce is that it keeps you out of court. The process involves a binding agreement reached between you and your spouse and your professional divorce mediation team. In short, you all agree to keep the matter out of court.
Although basic pleadings have to be filed in a court, you will never have to set your foot in the courthouse once you have taken your plea. To make the agreement binding, all parties involved agree to withdraw from the agreement and head to court if they feel played.
But because your case is not on a judge’s docket, you can reason out things calmly and figure out what to do. Both of you have a significant role to play in the matter, and every decision is reached through mutual agreement.
2. Save your relationship
Fiercely contested divorce cases can bring out the worst in people. One party in the divorce case may say or do things to hurt the other that they cannot take back, no matter what. Such divorce cases usually turn sour and toxic, causing irreparable damage to the once precious relationship.
However, with a collaborative divorce, the two parties aren’t at war with each other. In fact, they work closely together to create a viable plan that works well for both of them. At the end of it, nobody feels hurt or bitter.
This can help friendships to remain, and it also makes it easier for your friends and families so that you don’t put them in an awkward situation where they have to choose between the two of you.
The process works even better in situations where children are involved, and you don’t want to drag them into your mess.
3. Less expensive
Traditional divorce litigation in a family court can be quite expensive, and the total cost of the entire process is usually unpredictable. Collaborated cases tend to cost much less than litigated cases because the divorcing spouses are in mutual agreement.
The amicable situation between the spouses allows their attorneys to moves towards a resolution much faster. In this case, nobody is trying to hurt the other.
Since both of you are open and willing to share information, attorneys are not forced to spend numerous resources trying to unearth information to use against the other party.
4. The process is private
In most cases, a divorce case hearing is treated as a public hearing. Technically, it means that any interested party can attend the court hearings. Therefore, privacy is never guaranteed.
However, with a collaborative divorce process, your case is not in court, which makes it possible to maintain confidentiality and privacy to the maximum extent possible. You do not have to file declarations with a family court; neither do you have to testify.
The only thing you need to file in a court is basic pleadings and a judgment that won’t be made public to anyone. Working with qualified divorce lawyers can help you keep the public disclosure of the matter to the minimum.
5. The process is short and gives you more control
With a collaborative process, spouses avoid tedious steps such as the information discovery phase and having their attorney prepare for trial. Instead, they agree on appropriate times to meet and focus more on coming up with a mutual agreement.
Since everyone is focused on concluding the matter as fast as possible, you can be sure the entire process won’t consume much of your time. A strict court schedule does not govern you.
Also, you get more control over your divorce since no judge will preside over the proceedings. You and your partner decide how you want to end your marriage.
Are you going through divorce and want the help of an experienced divorce attorney to help you fight for your rights? Legal Giant is here to help you. Talk to us today to speak with one of our experienced divorce attorneys!
