There’s An Easier Way To Divorce
Collaborative divorce is for couples who recognize that fighting rarely leads to a resolution. You can’t avoid court if you can’t get along. For this reason, people who wish to stay out of court and work towards the dissolution of their marriage may opt for a collaborative divorce instead of the typical process where they each have an attorney represent them in court.
If you’re unsure of how this process works, the family law attorneys at C. Alvarez Law can explain. Contact us for more information.
What’s Different About Collaborative Divorce?
During a collaborative divorce, you and your spouse can both have attorneys or share an attorney. The collaborative nature of the divorce is to attempt to remain amicable and talk through terms so that you can avoid going to court for anything but to file and get your divorce approved.
The court process can be the most emotionally draining and time-wasting part of any divorce. You have to explain your arguments to a judge who was not part of your relationship, making final decisions for it. They decide what is fair, and can be swayed towards favoring one spouse over another or even hurting both spouses. This can be especially true if you have children, as the judge has to do what they think is best for a child they don’t know, and force you and your spouse into a situation worse than either of you intended.
Collaborative divorce is all about trying to avoid this situation at all costs.
How Does Will Your Divorce Work?
First, spouses and their attorneys have to 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. You’d have to find new attorneys and potentially open up a new divorce filing, wasting all the time and money you’ve already spent.
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 can include a mental health neutral and a financial neutral. It’s a team of people who help 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.
You Don’t Have to Like Each Other to Work Together
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.
What Happens if it All Falls Apart?
Collaborative divorce 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.
Contact the Attorneys at C. Alvarez Law for Help With Your Collaborative Divorce
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.
This is one of, if not the best way to divide your assets and, if you have children, create custody and support agreements that will provide for them. Contact us today for help.
