When people think about divorce, what comes to mind is often divorce litigation. The process of fighting over property division and custody matters in family court dominates popular media depictions of the divorce process. However, divorce does not inherently require conflict or litigation. While couples do have to go through the courts to finalize a divorce, they don’t have to rely on a judge to handle divorce issues.
They can settle matters on their own and ask a judge to approve the terms that they set. Most divorcing couples do not begin the divorce process in full agreement about the terms for the end of their marriages. Instead, they work together to settle disagreements and arrive at terms that they both agree are appropriate. Collaborative divorce is one of the ways that couples can settle their disagreements and move forward with an uncontested divorce.
Many people are unfamiliar with the idea of collaborative divorce and may overlook it as an option as a result. What does collaborative divorce involve?
Spouses commit to working together
Many couples begin the divorce process by promising to keep things amicable. As things progress, one spouse may backtrack on that commitment. They may show up to negotiations or court with a lawyer, leaving the other spouse at a major disadvantage.
During collaborative divorce, spouses make a formal commitment to working with one another. They sign an agreement that requires that they settle every dispute outside of court and move forward with an uncontested divorce filing. If they fail to achieve that goal and decide they prefer to litigate, then they typically have to begin the process from the beginning. They may even need to retain different attorneys to avoid either spouse having an unfair advantage.
During a collaborative divorce, each spouse has their own legal representation. They may also work with a number of other outside professionals. Mediators, child specialists and financial advisors can all help during a collaborative divorce.
Mediators help resolve disputes. Child advocacy professionals can help parents negotiate custody arrangements that uphold the best interests of their children. Financial advisors can help review the marital estate and propose property division terms that are reasonable and fair.
Provided that both spouses enter the process in good faith, they may be able to move forward with an uncontested divorce filing. Even though they may have to pay outside professionals, a collaborative divorce can ultimately be more cost-effective than a litigated divorce. By minimizing the amount of time spent litigating in court, couples can keep their divorce costs lower. They also maintain their privacy more effectively and retain control over the final terms set.
Learning more about collaborative divorce proceedings can help people pursue a more amicable end to a marriage. Collaborative divorces have become increasingly popular, especially among those with highly-valuable property and/or shared children.