Getting a divorce may be difficult, argumentative, and expensive. Although most divorces do not reach the level of drama seen on primetime television, it does not imply they are without difficulty. Attorneys, cash, time, and in some situations, a protracted trial are frequently necessary for divorces.
Collaborative law gives spouses a secretive method for settling their divorce amicably and outside of court. In a more fundamental sense, collaborative divorce is a comparatively new way for people to cope with the challenges that arise when dissolving a marriage.
Consider a collaborative divorce as a hybrid between a typical divorce involving lawyers and divorce mediation. Both partners retain attorneys who consent to employ non-adversarial methods to settle disputes. The objective is to create a win-win arrangement that best satisfies both parties’ requirements while averting court action. The goal of collaborative attorneys is to avoid a dispute altogether.
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The Procedure of Collaborative Divorce
- For the procedure to be successful, both sides must cooperate and be willing to make concessions. The process is pointless if one or both partners are unwilling to compromise on the problems.
- Firstly, you need to sign a participation agreement. Both the partners, their attorney, and the court needs to sign this at the start of the process.
- If the parties are unable to agree on the terms of the divorce and decide to litigate instead, a participation agreement bars the collaborative divorce lawyers from representing either spouse.
- Both parties must secure new counsel before starting a lawsuit if the collaborative approach fails.
- The legal aspect of the divorce is quite straightforward after both parties have reached an understanding on all matters.
- The divorce process will not involve any complications because all of the conditions have been agreed upon there is no trial.
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Advantages of Collaborative Divorce
- You can have a hard time speaking up depending on the circumstances of your marriage. In this scenario, you might want a seasoned negotiator on your side.
- If you want to negotiate the terms of your divorce outside of court, but feel more at ease with the counsel of an experienced lawyer who is on your side, the collaborative divorce option might be right for you.
- The process of a collaborative divorce is easier and less costly than a standard divorce because you do not need to pay new attorneys or go to court.
- The process is hassle-free.
- Relationships that are already strained could go worse during a prolonged, contentious trial. However, the families going through the divorce procedure might avoid a lot of stress by choosing a collaborative divorce due to its easy process.
Divorce is unpleasant, and both partners will likely go through a range of strong emotions when their marriage ends. Collaborative divorce gives the couple the ability to retain control over how to handle the key divorce issues without outside interference.
