An increasingly popular area of dispute resolution in family law is collaborative divorce. This option is popular in divorces where spouses are cooperative and seek to avoid conflict in court.
As an alternative to traditional litigated divorces, collaborative divorce allows divorcing couples to make their own decisions but still hire attorneys to protect their individual rights.
What is a collaborative divorce?
Couples who choose to handle their divorce in a collaborative process settle via negotiations and mediations. Each spouse hires an attorney to represent him or her as an advocate during mediation. The attorneys work with their clients and with each other in a non-adversarial manner to reach a mutual resolution after negotiating the terms of the divorce.
After both parties come to a resolution, the attorneys will file the settlement agreement and divorce documents with the court overseeing the case. This filing is a simple procedure as the collaborative process is already over.
What are the benefits of this alternative?
Collaborative divorce allows for more control of the outcomes while avoiding the court process. The informal environment allows for more free and honest conversations between the parties. The negotiations allow the couple to come up with a result that works for them and decide how to handle post-divorce disputes.
Additionally, party-neutral professionals work to resolve issues related to minor children or any details about the distribution of property. For example, a real estate broker, parenting coordinator, child psychologist and financial planner may collaborate on the agreement.
Overall, collaborative divorce will alleviate the stress of litigation and save couples money and time.