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.
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.