What Is A Collaborative Divorce?
May 03, 2021
Going through a divorce is not an easy time for most people. The divorce process can be expensive, people will have challenges, and there can be a lot of contentions. Despite what is displayed on TV about how eventful and full of drama a divorce can be most divorce cases do not escalate to that level. Even so, it doesn’t mean that the process is easy. Most of the time, divorce requires people to hire an attorney, pay high divorce costs, and in some instances the trial process can be lengthy.
In every state, courts will encourage couples to work with one another so they can amicably resolve a divorce dispute. This way the divorce process will be more peaceful and comfortable. When you and your spouse are unable to agree you will realize that the process will much more difficult. However, if you are able to agree things are likely to flow smoothly. Most couples may need to hire the services of a neutral third party or a mediator so they can be able to resolve any dispute that may arise through the process as well as facilitate a conversation.
There are people that will find themselves in a situation where they can be able to come to an agreement out of court but are not able to agree on everything. For these individuals, the collaborative process as an alternative dispute resolution can be of benefit to them. In this article, we will help you understand what a collaborative process is, the legal process, and if it can work in your situation.
Table of Contents
The Process of a Collaborative Divorce Procedure
Here is a step by step process that will help you understand a collaborative law divorce process;
- Each side hires their own attorney. When you are choosing an attorney that is to aid you in the collaborative process choose one that understands how the mediation process works. An attorney that is aggressive in their approach will not effective in negotiations.
- Have a private session with you divorce attorney without your spouse. Let your attorney know what you want out of the process. Since it is an amicable process you should keep in mind that there are some things that you will have to compromise on. Make it known to your attorney what it is you are willing to compromise on, the least you are willing to accept, and your goal for the process. You should talk to your attorney so you can decide on all of these issues before the negotiation process start. This way the process will run smoothly and everyone can come to agreement.
- Both parties meet with their legal counsel. This kind of “four-way” meeting will most likely occur frequently. The collaborative divorce procedure most of the times will include other professionals such as accountants and child custody specialists. One of the most important aspects of the specialists that are attending the collaborative law meeting is that they do not have a bias. Some of these specialist are mental health professionals, financial professionals, and a child specialist and others. They should be committed to helping you resolve your case and get an amicable resolution.
- A mediator can be brought into the collaborative meeting if spouses are having a difficult time coming to an agreement on issues such are parenting plan in they have minor children and property division. A mediator has knowledge of the law and are skilled in guiding spouses come to an amicable agreement.
- Both sides together with their attorneys will sign a no court agreement. The agreement directs the lawyers to pull out from the case in the case that it does not proceed to court.
- The process of filling for your divorce after going through a law divorce will be simple since the procedure is not contented. After the process you should contact a family relations court and file for your divorce papers as well as your settlement agreement.
Benefits of Collaborative Divorce
There are plenty of benefits of choosing this approach to conflict resolution over other divorce procedures. If you are thinking of going through this alternative dispute resolution process or are weighting options here are some of the benefits of the process.
You Can Work Out Terms Out of Court
The collaborative divorce process will be beneficial to you if you want to work out your divorce out of court and still have an experienced attorney walk with you through the process. The lawyer that you will hire during the collaborative process will only represent you and they will advocate for you and advise you throughout the entire process. Hiring a skilled negotiator to give you collaborative law representation during a negotiation will work to your advantage.
You May Not Have to Hire New Attorneys
In the case that the collaborative divorce process is effective you may not have to hire another lawyer to take you to trial. Compared to traditional litigation the collaborative divorce process is easier and it costs less. The whole setting of a collaborative divorce procedure is informal and the participants feel comfortable.
There is Open Communication
The point of a collaborative divorce process is for both parties to come to terms with one another by agreeing on one thing. In this process, there are civil negotiations where parties are more likely to be free and honest with the information that they give and it will help the process move easily.
You Can Get Results That Work For You
The negotiations will be in your favor since you will have already told your Colorado Springs divorce lawyer what you want out of the procedure. Instead of going to court where the judge will listen to your case and make a decision on it, in this divorce proceedings you can have control over the results you get. Even so you should keep in that you will have to make a compromise so you can reach an acceptable agreement that is favorable to both parties.
Spares Families the Stress of Divorce
Even though a marriage is ending both parties may still need to co-parent and maintain a good family relationship if they have children. A long and aggressive trial process may end up doing more harm to a family relationship that is already coming to an end. The collaborative divorce process will help spare families the stress that comes with the divorce process.
Learn More: What to expect at divorce consultation?
How Long Does A Collaborative Divorce Take?
There are a variety of factors that will determine how lengthy the divorce process can be. Some of these factors are;
- The level of transparency.
- Commitment of both parties during the process.
- How ready both parties are to resolve the issues that are being discussed.
The collaborative divorce procedure is not only meant to be quick and easier it is as well designed to be cordial, creative and more personalized. Depending on the details of the divorce issues the process can be brief and punctual or it can be lengthy.
The Confidentiality of the Process
Information shared in a joint meeting during a collaborative divorce is considered to be confidential and it is not admissible in court. The exception is any information that may be required by the law in order to resolve a certain issue.
If you have questions about collaborative divorce that you would like answered at Brighter Day℠ Law we can answer them. Our attorneys are skilled negotiators and have the skills necessary to guide you and walk with your through the process. Talk to a professional today and tell us about your case.