One of the main decisions you need to settle upon is the right approach to your divorce process. Typically, divorces are displayed as dramatic and drawn-out court matters. In some scenarios, two parties can agree on one way to solve the affair and work out the solution. Collaborative divorce is an ideal solution to conflicts, as seen in television or films. Here are some facts about collaborative divorce:
Some couples experience matters such as a clash of personalities that requires the help of an attorney. For some parties, the parties involved can agree upon the custody plans for kids and property division. In such a case, you may require a lawyer to help you prepare the paperwork for the legal process to finalize the divorce process. When you experience partial agreement with your partner, the ideal option for your divorce process is mediation that may fully avoid attending a divorce court.
Attorneys with experience in collaborative law procedures can assist couples in saving money with legal charges as well as the emotional trauma involved in a drawn-out court battle. Lawyers assist couples with different points of view on the custody of the lids; you have an option in approaching the divorce proceedings and the potential effects the process has on your family. If you have any disagreements with your spouse regarding varying matters, you are a potential candidate for divorce.
How does collaborative divorce operate?
In a collaborative divorce, you and your spouse coordinate your choice of lawyers. Every attorney must be trained collaboratively and should share a similar philosophy regarding collaboration, respect, cooperation, human treatment, and dignity for each party involved. Each of you requires a collaboratively trained lawyer to represent your separate opinions to ensure your conflicting interests. After choosing a lawyer, the next step is settling for a suitable model for your circumstances.
One of the available models in a collaborative divorce is the Team Model. For this model, when the lawyers are chosen; the four parties (you, your spouse, your lawyer, and your spouse’s lawyer) choose a neutral mental health specialist and a neutral financial specialist: the professionals do not represent any side of the parties involved in the divorce process. The specialists aim at assisting you, and your spouse agrees. The individuals help you communicate effectively with your spouse, avoiding any possible instance of threatening or bullying in the process. Each party signs a contract making an agreement to refrain from coercion or threats. If your spouse threatens to proceed to court, the contract is breached, and there may be great ramifications for the breaking of the agreement.
A series of meetings are organized where all the parties work together to assist you and your spouse in establishing a divorce settlement to meet your spouse’s interests and needs. The process entirely involves a negotiation between you and your spouse: the other parties involved can assist you in working through the issues. The power to settle any divorce matter in the divorce process depends on you and your spouse and not the judge.
The collaborative process has some benefits compared to settling the divorce issue through a court process. Below are some stated advantages of the process:
- The process is quick
- It is amicable
- Involves private proceedings: maintains privacy
- Offers a less stressful environment for you and your couple as well as kids if there are any involved
Compared to the traditional divorce approaches, that entails lawyers being adversarial collaborative processes involving collaborative efforts from the lawyers. The process and decision of getting a divorce are generally troubling since stress, emotions, and financial worries are involved. The majority of couples choose collaborative divorce to ensure things emerge from the divorce process with some degree of respect for ex-spouses.