When you are going through a divorce, it is best to simplify the process as much as you can to help decrease the stress and frustrations involved in the process. If you and your spouse are able to effectively communicate, you may want to consider a collaborative divorce. Here are some things you should know about a collaborative divorce.
Collaborative Divorce Defined
A collaborative divorce requires the negotiation of the divorcing couple to find common ground on the divorce decree. Each of you will be assisted by your respective divorce attorneys in the process. You will be working with a collaborative attorney as well.
The collaborative attorney assists in the negotiation of the divorce settlements. He or she, along with yourself and your own attorneys, meet to reach an agreement on every component of your divorce, including asset division, child custody, child support, alimony, and the like.
The Role of Court in a Collaborative Divorce
A collaborative divorce does not go to court to settle the decree. You will each sign an agreement stating you will not involve the court at the start of the collaborative divorce process. Should you not be able to reach an agreement you are both satisfied with and need to go to court for a judge to decide for you, your collaborative attorney will have to withdraw from the case.
The one exception to the no-court rule is the finalization of your divorce. You will need to briefly attend family court to legalize your divorce. However, it is a very easy process that only requires you to petition for an uncontested divorce. Once you sign the paperwork and submit it to the court, you are finished and legally divorced.
Benefits of the Collaborative Divorce
The most prominent benefits of collaborative divorce are the speed of the process and the decreased expense. It also reduces the emotional damage the divorce can have on a family. You will not have to bring your children to emotional and stressful court proceedings.
You will also not be burdened with subpoenas for your information. You simply have to agree to provide it yourself. In addition, you and your spouse are in charge of how everything turns out. If you can agree on who will receive what in your decree, the divorce will be neat and clean. There is no reason for arguments or stress involved because you both agree to the divorce settlement in your own terms.
If you think collaborative divorce may be for you, reach out to an attorney that offers divorce law services to learn more about the process.