Divorce is never easy. Many times it is messy, combative, and extremely stressful. In fact, when most people think of the word “divorce,” they may picture a courtroom with everyone inside yelling, people crying, endless drama and both parties walking away upset—ultimately affecting the family as a whole for years to come. However, if you are considering a divorce, this does not have to be your story.
Gone are the days where heading to court and litigating your dissolution is your only option. In this blog post, we will discuss a different and more modern approach to divorce. Specifically, we will explain everything you need to know about a collaborative divorce- what it is, how it works, and how it can be the solution that you need to get through this difficult time in your life.
What Exactly is a Collaborative Divorce?
A collaborative divorce is a process of removing divorce disputes from a courtroom setting into a “problem-solve” setting of negotiations. In general, a collaborative divorce will only work when both parties agree to it and decide to focus from the start on settling divorce issues through good faith mediation and negotiations without resorting to litigation.
In a contested divorce, court litigation is necessary to resolve the division of custody, assets, property, and other issues involved in the split. This method often requires a more adversarial approach, limited options, and fixed resolution ideas. In comparison, a collaborative divorce looks to provide a transparent and respectful environment for the divorcing spouses to make mutual decisions that fit their specific circumstances and their family best.
When deciding on a collaborative divorce, there are a few critical elements that need to be considered and agreed upon by both parties to make this approach work:
- It is a Voluntary Process: A collaborative divorce is voluntary, meaning that either spouse can stop the process at any time.
- Work With a Collaborative Attorney: Each party needs to speak with their own collaboratively trained lawyer and ask questions about the process to determine whether this option is a good fit. If both parties agree to go ahead with a collaborative divorce, they can retain their own collaborative lawyer and proceed to the participation agreement. These collaborative lawyers are there to support the parties through the whole legal process and provide them with confidential legal advice while coming up with unique ideas to help the divorcing couple get through this challenging ordeal.
- Sign a Participation Agreement: Before the process begins, the divorcing spouses need to sign a participation agreement where they agree that a settlement is their only goal, and their attorneys will withdraw from the proceedings if the case proceeds to litigation.
- Divorcing Spouses Work as a Team: The divorcing couple will need to work together to develop their own divorce settlement agreement. They will have to discuss issues and agree to specific divorce terms regarding their family, finances, and the future. Because a collaborative divorce is about mutual understanding for each other’s needs, the focus of this process is to come up with solutions that work best for the whole family.
- Negotiations Take Place in a Series of Joint Sessions: These collaborative divorce negotiations occur during a series of joint sessions, where the divorcing spouses and their collaborative lawyers sit down to informally come up with ideas of how to create a fair divorce resolution. Not only can the divorcing spouses have their collaborative attorneys provide assistance with the brainstorming and coming up with ideas. But many times, these sessions can also include other experts, including mental health professionals, child specialists, and even financial advisors who will work as neutral parties to come up with the best solutions for the family.
Benefits of a Collaborative Divorce
Generally, the collaborative divorce approach offers the divorcing couple many advantages. Including providing them a sensible cooperative dispute resolution option, while also producing numerous benefits for the whole family:
- The collaborative divorce process is less expensive and allows the divorcing spouses to avoid costly litigation.
- The collaborative divorce process maintains peace and respect between the divorcing couple.
- The collaborative divorce process tries to find flexible answers and solutions in order for both parties to get the terms they want.
- The collaborative divorce process keeps kids out of the conflict.
- The collaborative divorce process focuses on problem-solving strategies without heading to court.
- The collaborative divorce process results in more long-term solutions than litigation because it looks at the big picture of your life. Even though both parties may not be ready to get a divorce, discussing options together in a respectful setting can help put the divorce into a proper perspective and allow it to get resolved that much faster.
However, one of the most significant benefits of a collaborative divorce is that the divorcing spouses get to decide on the divorce terms instead of a judge or a jury. This helps avoid feelings of anger, ill-will, or disdain and allows the divorcing couple to come up with a solution that works best for both of them.
Get the Legal Help You Need- Work with a Family Law Attorney You Can Trust
Even though divorce can sometimes be a tedious and stressful experience, it does not always have to be. In truth, it can be the fresh start that a divorcing couple needs. That is why working with an experienced family law attorney is so critical. At the Stephenson, Chávarri & Dawson law firm, our legal team knows how vital a collaborative divorce can be for you and your family. We also understand how crucial our role as a collaborative divorce lawyer can be to you as you try to pursue an optimal outcome in your divorce. That is why do not wait any longer. Contact Stephenson, Chávarri & Dawson today, or call our firm at 504-523-6496. We can go over any questions you have about collaborative divorces and help you determine whether it is the right option for you.