Divorce doesn't necessarily have to be difficult. More and more divorcing couples are opting for a collaborative divorce. To learn more about this gentler divorce option, read on.
What is a Collaborative Divorce and Who Might Consider One?
This type of divorce may not be suitable for all couples. Since this process involves a lot of back-and-forth communication, couples who are not even on speaking terms with each other should not attempt a collaborative divorce. Collaborative divorces come about more easily when parties are willing to compromise and be respectful of each other during the process. All divorces can be collaborative if the parties are willing to abide by a few rules.
How Collaborative Divorces Work
What is not different from any other type of divorce is that both parties must have their divorce lawyers. It's also best if the lawyers understand the concept of collaborative divorce and are willing to help the couple settle issues in a calm and non-combative manner.
Often, a team approach is used to make this type of divorce work. Beyond the couple and the two attorneys, you might also use financial experts, child evaluation experts, mental health practitioners, mediators, and more.
The process involves several meetings with the parties. More complex situations deserve more meetings. For example, if the couple owned a business, then a special meeting might be needed to make decisions about how the business will be divided going forward. Children, high net-worth couples, plentiful marital debt and assets cases, and other issues can mean more meetings are needed. On the other hand, simple, uncontested partings in which the parties agree can flow quickly and smoothly into a written legal agreement that will be approved by the judge.
When the couple is unable to agree on a certain aspect of the divorce, say child custody cases, a mediator may be brought in to help things get settled. Mediators are skilled at listening to the issue, separating the couple, learning more about their point of view, and then encouraging the couple to compromise and agree on a given issue.
Why This Works
Traditional divorce can get divisive quickly. While most couples disagree on several issues. They don't have to end up with those issues being decided by a judge that doesn't even know them. Collaborative divorce slows things down and takes down the temperature a few degrees so that emotions like rage, jealousy, shame, and anger don't build into major, expensive, and time-consuming issues for the court to decide.
To find out more, speak to a local family lawyer.Share
28 January 2022
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