Collaborative divorce is an alternative to traditional litigation. It’s a way for couples who are divorcing to end their marriage without going to court. In this type of divorce, couples work with their attorneys and with a neutral third party—a collaborative lawyer or other professional trained in collaboration—to negotiate and settle all issues regarding property division, spousal support, child custody/child support, and/or parenting time (if applicable) out of court. The goal is to reach a full agreement on all issues before filing any documents in court. If you’re considering collaborative divorce or know someone who might be interested in it, there are several things you should know:
What is a collaborative divorce?
Collaborative divorce is a means of resolving family law disputes without going to court. It’s an alternative to litigation, which involves the parties and their lawyers arguing in front of a judge. Instead, collaborative divorce is voluntary, confidential, and collaborative; it involves each spouse working with their own lawyer or mediator who guides them through an agreed-upon process that leads to an agreement on all issues in dispute–including child custody, parenting time (formerly referred to as visitation), spousal support (formerly known as alimony) and property division.
The term “collaborative” refers both to the fact that there are multiple participants in this process (the spouses themselves plus their attorneys) and also that they work together toward resolving issues rather than against each other in court battles where winning may require one party’s defeat at another’s expense
How does it work?
Collaborative divorce is a process in which you and your spouse work together to reach an agreement that is fair, reasonable, and in the best interest of your children. The goal is to reach a resolution without going to court and having a judge decide how things should be divided between you two.
The collaborative process typically takes about six months from start to finish, but this time frame can vary depending on each individual case. As long as both parties are actively participating in good faith negotiations throughout this period (and not just going through the motions), then they are likely on track with their case’s progress. If either party feels like things are moving too slowly or if something else needs attention, they should address these concerns immediately so they don’t delay reaching a resolution any further than necessary!
Is it different from mediation?
Collaborative divorce is a different process than mediation. In mediation, the parties work with a neutral third party to resolve their disputes and come to an agreement. In collaborative divorce, they work with their own lawyers who act as guides through the process and help them reach an agreement.
The parties in a collaborative divorce work together to resolve their disputes, with the help of their attorneys. In the process, they learn from each other and develop more respect for one another.
The parties in a collaborative divorce are more likely to reach an agreement than in a traditional divorce. They are more satisfied with the process and the result. The attorneys in collaborative law experience less stress and conflict, which makes them more effective advocates for their clients.
Who can use a collaborative approach?
You should be able to agree on all the major issues in your divorce, including child custody, child support, and spousal support. You also need to have good communication skills with your spouse.
If you can’t do this on your own or if you’re not sure about how much money is involved in a collaborative process, then it might be best for both parties if someone else helps negotiate the terms of their divorce settlement through mediation or arbitration.
If you’re the one filing for divorce, it’s best to have a lawyer who specializes in family law and collaborative divorce. This type of lawyer will be able to help you with all the paperwork and legal issues involved in getting divorced.
Is there a cost to participate in a collaborative divorce?
It is important to find out if there are any costs upfront. Some people may have to pay for the mediator, which can be split between both parties. The mediator will also charge a fee for their services.
Some states have laws that require mediation in certain cases, while others don’t at all. In some cases, the mediator may still charge a fee even if there is no law requiring them to do so. If you have questions about whether mediation is right for your case, speak with an experienced attorney who can advise you on your options.
Why use collaborative divorce?
Collaborative divorce is a less stressful way to resolve your issues.
It’s private, so you don’t have to worry about other people knowing your business.
It’s faster than traditional litigation in court and can be less expensive.
It’s also less damaging to your relationship with your spouse since it doesn’t involve the public airing of dirty laundry.
And finally, collaborative divorce can help you avoid the animosity that often accompanies adversarial proceedings–not only between spouses but also among family members who may be involved in the process (for example, if one spouse has remarried).
It may be easier than you think to use collaborative divorce. If you have questions about whether collaborative divorce is right for your case, speak with an experienced attorney who can advise you on your options.
Collaborative divorce is an alternative to traditional litigation.
Collaborative divorce is a way to resolve a dispute without going to court. It is an alternative to traditional litigation, which involves attorneys filing motions, writing briefs, and arguing cases in front of a judge or jury.
Collaborative divorce is not mediation; it’s not arbitration and it’s not collaborative law either. Collaborative practice refers to any form of alternative dispute resolution where two parties work together toward an agreement rather than fighting over every issue in court (or even at all).
This form of alternative dispute resolution (ADR) can be used to settle any type of dispute, not just divorce. However, it’s especially useful when there are complex financial issues involved and multiple parties need to come together to reach an agreement.
Conclusion
The collaborative divorce process is a way for parents to reach an agreement about the future of their children and their finances. It can also be used by couples who want to save money on legal fees and avoid the stress of traditional litigation. Learn more about how this process works by contacting us today!
