What Is Collaborative Divorce?
Divorce can be emotionally and financially draining, often leaving both parties frustrated and exhausted. But it doesn't have to be that way. One of the best ways to avoid a messy and expensive divorce is to choose a collaborative divorce.
Collaborative divorce involves both parties working with their respective attorneys and other professionals, such as financial advisors and mental health counselors, to reach a mutually beneficial agreement outside of court. Let's take a closer look at how this process works, why it's helpful, and how it can save time and money.
The Process of Collaborative Divorce
Collaborative divorce is an out-of-court process that allows couples to negotiate their agreements with the help of legal professionals. Each side has an attorney who is an advisor and advocate throughout the process. The couple and their attorneys then work together to develop mutually beneficial solutions for both parties.
It's important to note that all negotiations must be conducted in good faith. Suppose either party fails to act in good faith or attempts to leverage the other side into making concessions with which they are not comfortable. In that case, the collaborative process will end, and traditional court proceedings will begin.
The Goal of Collaborative Divorce
The goal of collaborative divorce is to reach an amicable resolution without litigation. This means that both parties must work together to resolve disputes or disagreements to avoid going to court. The attorneys involved will use mediation techniques throughout the process to ensure this happens effectively.
Mediation During Collaborative Divorce
To help facilitate this process, each side employs a mediator, an impartial third party whose job is to help guide discussions between the two sides toward equitable solutions. The mediator does not take sides or make decisions on behalf of either party. Instead, they guide and suggest how best to move forward with negotiations for both sides to reach an agreeable outcome that works for everyone involved.
Why Is Collaboration Better Than Litigation?
Collaborative divorce is usually much less expensive than traditional litigation because there are fewer costs associated with attorneys, court fees, and other factors unique to your situation.
It also is quicker since there is no need for lengthy court proceedings or multiple hearings and appearances before a judge or jury.
Additionally, since both sides are working together towards an agreement rather than fighting against one another, there tends to be less animosity and bitterness, which can help preserve relationships between ex-partners and make it easier for them to co-parent if necessary.
Lastly, because the focus is on reaching an agreement rather than trying "to win" in court, both parties tend to feel more satisfied with the outcome than they would have been if they had taken the case through trial.
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At Orshan, Spann & Fernandez-Mesa, we understand that every situation is unique, so discussing your options with an experienced attorney is important. Give us a call today. (305) 853-9161