Typically, divorces in the media are portrayed as drawn out and dramatic courtroom affairs.
However, there is no impetus for divorcing spouses to behave this way.
If both parties can agree that the marriage must be dissolved, yet are still able to work together to make decisions, collaborative divorce is a great alternative to the lengthy conflicts portrayed in film and on TV.
One of the first decisions a divorcing couple will have to make is whether to work with a divorce and family law attorney.
Here are some of the basics of collaborative divorce.
Should you get a Collaborative Divorce? Some couples experience such a personality clash that a high conflict legal process where an attorney represents either side is regrettably the usual outcome.
However, other couples are perfectly capable of coming to agreement on dividing property, and arranging custody for their children, if any.
In this case, the couple may only need the help of an attorney to prepare the legal paperwork that finalizes the divorce.
Still another portion of divorcing couples will fall somewhere in the middle.
These couples may benefit from mediation, and can come to a settlement agreement without ever seeing a divorce court.
A lawyer experienced in the collaborative law process can help couples save money in legal fees and the emotional trauma of a long and drawn-out court battle.
These attorneys can help couples that hold different points of view on child custody, the division of property, or the arrangement of spousal support by acting as a mediator to resolve disputes.
The fact of the matter is, you have a choice in how your divorce will proceed and the potential impact it has on your family.
Even if you do not agree with your spouse on some issues, you are still a good candidate for collaborative divorce.
How Collaborative Divorce Works In the collaborative process, you and your spouse will negotiate with the help of an experienced attorney in order to come to an agreement that is an acceptable compromise for both parties.
It is recommended that both you and your spouse find your own experienced divorce and family law attorney.
In this respect, your attorney should have a strong record of settling divorce cases out of court, while still having plenty of courtroom experience, in the event a court proceeding is unavoidable.
You and your spouse will consult with your attorneys separately, and they will advise and assist you in getting what you need most from your divorce settlement.
Following this, both of you, with your legal counsel will meet together in a series of structured negotiations.
Often, other professionals will be called in to advise, help file paperwork, and structure settlements.
For instance, accountants, financial professionals, and child custody specialists are often present in these meetings.
Once you have come to an agreement, you and your spouse will eventually have to go before a family court judge so he can sign your final agreement.
By using the collaborative divorce process, this experience can brief and easily manageable.