While we often see long, acrimonious divorce trials in movies and on television, there are times when couples find themselves in a relatively peaceful, non-combative divorce. These couples have agreed upon divorce and are willing to work together to reach an agreement even if they don’t necessarily see eye-to-eye on every single matter.
Collaborative law can help them work through matters to settle issues without having to fight it out in the courtroom. To find out how collaborative divorce works and how to determine if it’s the right approach for you, keep reading.
The Collaborative Process
Through the collaborative process, spouses intending to divorce can work with professionals to create and finalize an agreement that is acceptable to both parties. Attorneys who are trained in collaborative law work with you and your spouse to negotiate a settlement agreement. Generally, each spouse meets with his or her family law attorney and then later meets as a group to discuss the settlement. These meetings may also include other important professionals such as accountants, financial advisors, and child custody representatives.
The greatest difference between a collaborative divorce and a traditional divorce is that litigation is not involved. Instead of disputing matters, spouses work together to mediate and negotiate matters. Thus, it is important that both parties be committed to mediating and negotiating through the collaborative divorce process.
What to Expect in An Collaborative Divorce
Some common aspects of a collaborative divorce:
- signing an agreement to allow attorneys to withdraw from the case when a settlement cannot be reached
- mediating and negotiating on key matters such as property, assets, and children
- providing required information readily
- determining how to make any required decisions after the divorce is finalized
So, how do you know if the collaborative approach is the right one for your divorce? If matters have been relatively non-combative at this point, it may be the right approach. If you believe you and your spouse can come to an agreement with specially trained professionals, a collaborative divorce can help you avoid the cost, time, and emotional turmoil of a contentious divorce trial. To discuss collaborative divorce with a qualified attorney, reach out to Akman & Associates, LLC