The media has succeeded in painting divorce as highly dramatic and conflict-driven. While most divorces are far from the portrayed dramatic fare, we must admit that they are typically emotional, costly, and exhausting legal processes. The couples, issues at stake, and professionals involved determine the duress and duration of the divorce process.
However, things can go seamlessly if a couple decides to divorce collaboratively.
What Collaborative Divorce Entails
Collaborative divorce is a divorce system in which the spouses mutually consent to negotiate the terms of a marital settlement agreement with the help of their respective lawyers like Matt Towson of Towson Law Firm, PLLC. It is often preferable for several couples because it involves a streamlined process and out-of-court settlement.
When the Collaborative Divorce Process Will Work
Before a collaborative divorce can be successful, the couple involved must be committed and willing to make it work. In other words, the spouses must be willing to handle their divorce process transparently, collaboratively, and civilly. Collaborative divorce helps avoid the contentions that often come with litigated divorce.
You and your partner must have a “win-win” mentality for a collaborative divorce. It is not a litigated divorce where the “winner takes all.” The “win-win” mentality will reduce bickering over assets and child custody. Emotional contentions that warring couples display to harm their partner will also be reduced in a collaborative divorce.
With the help of neutral professionals, you and your spouse can quickly agree on a fair custody arrangement and asset division. You will see the big goal of prioritizing the best interests of your children instead of getting locked in a superiority battle.
When the Collaborative Divorce Will Likely Hit the Rock
As fantastic as collaborative divorce is, it is only ideal for some couples. Typically, it will not work for a high-conflict divorce where spouses struggle to communicate effectively. Such couples may potentially resort to tactics like assigning blame, prioritizing “win-lose” outcomes over compromise, or concealing financial holdings. This can further complicate the process.
Relationships with a history of unending vicious conflicts or domestic abuse are unlikely to fit into the collaborative divorce system.
The lawyers of the divorcing partners must evaluate the appropriateness of the process for their clients and the willingness of the spouses to resolve their differences amicably before deciding on a collaborative divorce. The collaborative divorce process will likely break down if it is evident that a spouse is unwilling to have a collaborative resolution.
It is crucial to assess the suitability of the collaborative system for divorcing spouses. Once you and your spouse choose collaborative divorce, you sign a contract that if you cannot resolve your differences collaboratively and a party eventually decides to prosecute, your legal representatives in the collaborative divorce cannot represent you in court. Both of you need to engage new legal professionals, further delaying the process and increasing the cost.
Why a Collaborative Divorce Might Be Ideal for You
Once you and your spouse have consented to a collaborative divorce, you have set yourselves up for numerous benefits of negotiations. It is quick and cost-saving. Also, the out-of-court settlement provides an informal setting to freely discuss the direction you want the divorce to take and move forward.
Through a collaborative divorce, you and your spouse decide the pace of your case without forcing yourself into the judicially dictated schedule. When you adopt a collaborative approach over a litigated approach, you are highly likely to complete the divorce process quickly.
In the same vein, litigated divorces are usually costlier than collaborative ones. Also, the cost-effectiveness and shorter timeframe can drastically reduce emotional outbursts that often occur during court divorce litigation.
How Collaborative Divorce Works
The collaborative divorce process commences with an informal agreement between you and your partner stating your willingness to divorce collaboratively.
Then, each spouse will engage a divorce lawyer who is well-trained in the collaborative procedure. Such lawyers can seamlessly work with alternatives to litigation. Also, you will meet with your lawyer to set your expectations out of the negotiations, particularly on alimony, asset division, child custody, support, and other crucial issues.
Despite being a negotiation-centered divorce process, your legal representative aims to uphold your interests and advocate for your needs.
Depending on the context and facts of your case, other trained experts may join the team to help you and your partner in the process. The team may include experts like a divorce coach, financial advisors, and child specialists. Everyone involved must sign a contract outlining the terms of participation in the process.
After the law process, you and your partner will sign a legally binding settlement agreement. The two attorneys will draft the contract, which you will eventually submit in your uncontested divorce proceeding.
Conclusion
Divorce can be inexplicably complex and overwhelming. However, a reputable local family law lawyer can significantly mitigate stress. Your lawyer will advocate and defend your interests, ensuring your partner does not outsmart you.
