There are many ways to get a divorce. Your split may be contested, uncontested, settled through mediation, have to go to court, etc. One divorce method that is rising in popularity is a collaborative divorce. Understanding what a collaborative divorce is and its pros and cons is imperative in ensuring that you choose the path best for you and your situation. If you have questions or concerns regarding the various methods of divorce, reach out to an experienced Union County divorce attorney at Ross & Calandrillo today.
What is Collaborative Divorce?
Collaborative divorce is an alternative dispute resolution process that allows couples going through a divorce to resolve their legal, financial, and other issues without going to court. Instead of a judge making decisions, the spouses work together (with the help of their legal representatives) to reach a mutually satisfactory agreement.
The goal of collaborative divorce is to resolve all important issues of the divorce, including property division, alimony, child custody, child support, and more. Decisions on how to handle these topics are made through a series of structured meetings where the parties involved meet face to face to discuss and negotiate.
Collaborative divorce encourages cooperation, transparency, communication, and respect. The process is becoming more popular for couples who want to avoid the toll of traditional litigation.
How Does Collaborative Divorce Work?
In a collaborative divorce, each spouse hires an attorney, and all parties involved sign a participation agreement. This agreement outlines the process required and states that all parties will commit to using their best efforts to avoid going to court.
The group then meets, likely several times, every two to three weeks to discuss the details of the divorce. The conversations are structured to limit the possibility of getting off track or devolving into arguments. During meetings, the parties present have an open discussion about how each spouse wants to handle the relevant issues. There will be sharing of information, stating positions, and discussing the interests and needs of each party.
Do I Need a Lawyer?
Yes, if you are considering collaborative divorce, you must hire a lawyer to represent you. The process requires that each spouse have their own legal representation to advise them on their rights and legal interests. Their job is to provide legal guidance and ensure both parties are fairly represented.
It is important to note that if the process is unsuccessful and the case ends up going to court, both collaborative attorneys must withdraw, and the spouses must find alternate representation. This is one of the drawbacks of collaborative divorce. If the process is unsuccessful, you have to start the whole process over again through litigation, which can result in a longer and drawn-out case, increased costs, and emotional distress.
For more information, reach out to a skilled divorce lawyer today.
