Traditional divorce proceedings can have an adverse long-term impact on all parties, including children. But there are ways to lessen conflict and promote communication between divorced spouses. This solution is an alternative dispute resolution procedure called collaborative divorce. Learn more about it below.
What is Collaborative Divorce
Through collaborative divorce, divorced partners can come to a settlement outside of court by working together. Both parties must choose attorneys with experience in collaborative law who are willing to cooperate in order to help the couple come to an agreement. The objective of the procedure, which is voluntary and non-adversarial, is to lessen conflict and improve communication between the parties.
How Does Collaborative Law Relate to Divorce?
The collaborative divorce process is a step-by-step, systematic approach. These actions frequently involve:
A collaborative law participation agreement is signed at the early sessions, where the clients and attorneys discuss the collaborative approach. The guiding principles of the collaborative process as well as the obligations of each party are described in this agreement.
- Disclosure: The parties agree to fully disclose to one another all pertinent financial and other information.
- Sessions: To identify and discuss the problems involved in the divorce, such as property distribution, child custody, and support, the parties and their attorneys convene a number of sessions. To arrive at a decision that is agreeable to both sides, the parties are encouraged to engage in open and honest communication.
Advantages Of Collaborative Law Divorce
There are various advantages to collaborative divorce law, including:
- Reduced conflict: Reduced conflict is one of the main goals of collaborative divorce law, which also tries to improve communication between the parties. This may result in a less contentious and painful divorce process.
- Cost-effective: Because collaborative divorce law frequently involves fewer court appearances and less legal preparation, it can be more affordable than traditional litigation.
- Confidential: Because collaborative divorce is a private procedure, the specifics of the discussions and agreements are kept private.
Cons of Collaborative Divorce
For some couples, collaborative divorce may not be the best option. Among the negative aspects are:
- Limited legal representation: Under collaborative divorce law, both parties must have attorneys who have undergone collaborative law training. For some parties, this can reduce their alternatives for legal representation.
- Limited authority: Collaborative divorce law is optional, and the parties may need to resort to traditional litigation if they are unable to come to an agreement.
- Emotional strain: Collaborative divorce legislation may call for communication and cooperation between the parties, which can be emotionally taxing.
A lawyer who has received collaborative legal training can assist you navigate the process, encourage dialogue with your spouse, and make sure your rights and interests are safeguarded.
Is Collaborative Divorce the Best Option for You?
Collaborative divorce law seeks to lessen conflict and promote communication between divorced spouses. Advantages of collaborative divorce law include lowered conflict, cost-effectiveness, privacy, and flexibility. To decide whether collaborative divorce law is the best option for you, it is crucial to take into account your particular situation and speak with an attorney with collaborative practice experience.
