When most couples think about divorce, it’s not hard to imagine the hostility that very possibly may arise as well as the lack of communication that can effectively tear apart the family. Divorce is a hard truth to deal with but it doesn’t have to turn into a stressful battle. Many couples are taking a different, more amicable route through a collaborative divorce and courts are beginning to favor them more and more as well.
The collaborative process is yet another form of alternative dispute resolution. You and your spouse basically agree to settle all of the issues without going to court. The two of you as well as your attorneys also enter into an agreement that if for some reason you do end up in court, both attorneys will withdraw as counsel. This means that both of you will be required to obtain different attorneys. In agreeing to such terms, you still have the option of going through court but it helps everyone work harder at reaching the same goals.
Unlike traditional litigation, there are no depositions or discovery process. Both of you enter into this by disclosing everything with complete honesty. For example, there is no hiding of assets such as bank accounts or properties. Everything is out in the open including issues regarding children if they are involved.
It is possible that your divorce attorneys will use the assistance of other experts such as therapists and/or child behavioral specialists. They are there to help the two of you learn to build better communication and strive towards your common goals.
There are many benefits of collaborative divorce including:
- Less expensive than battling the matters in court.
- You and your spouse decide all issues, not a judge.
- Faster than traditional litigation.
- Privacy; with traditional litigation everything becomes public record.
- Less stressful and emotionally taxing.
- Establish skills you need to create a better environment for your children.
Choosing a collaborative divorce over traditional litigation will not be for everyone. You and your spouse must be able and willing to put aside your hostility toward each other and come to a friendly agreement that will benefit the both of you as well as your family. It should also be noted that in situations where there may exist domestic violence or child abuse, this process may not be advisable.
If you think this may be a possible solution for you and your spouse, speak with an experienced collaborative divorce attorney. Our attorneys will assess your case and assist you in deciding if this is the right choice for you. If the two of you believe you can work together to settle your issues and reach a settlement that benefits everyone, litigation should be used only as a last resort.