There’s An Easier Way To Divorce
Collaborative divorce is for couples who recognize that fighting leads to more fighting as opposed to finding a resolution. People who wish to stay out of court and work towards the dissolution of their marriage may opt for a collaborative divorce. During one, the spouses and their attorneys agree to deliberately avoid litigation and the immense challenges that come with it. Should one or both spouses back out, the attorneys are bound to the original agreement of not going to court.
Collaborative divorce is a shift in mindset. When you remove the threat of litigation, the only thing that remains is negotiation and effective communication.
The name reflects what it truly is: a collaboration. The people involved are you, your spouse, your attorneys, and a series of neutral third parties. These would include a mental health neutral and a financial neutral. It’s a team of people helping to untangle all the complicated issues of a divorce. There will likely be hurdles along the way, but the professionals you are surrounded by are here to support and guide you.
One of the most critical things to remember is that this is not an adversarial relationship by design. You, your spouse, and your attorneys sign formal documentation stating that you will not pursue litigation. This eliminates one side promising to pursue litigation against the other if certain aspects of the agreement aren’t signed off. Each time your lawyers meet, they are guided by the notion that their purpose is to find a mutually beneficial ground instead of threatening the other into accepting.
This is a private settlement process, and it takes place outside of the court system. You are taking control of your future, and you will be doing it with your spouse. Even if the process completely breaks down despite the efforts of the trained professionals involved, litigation is still a possibility but not with those same professionals. The critical distinction is that you and your spouse will need to find new legal counsel. Your attorneys are bound to their original agreement.
People who are more committed to resolution than fighting owe it to themselves and their families to strongly consider pursuing a collaborative divorce. It’s a unique approach and can eliminate the stress of constantly worrying about litigation and costs less or just as much.
