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Separating spouses that want to work out an acceptable divorce agreement without battling it out in court have the option of a collaborative divorce, which is slightly different than mediation. A collaborative divorce, also known as collaborative practice or collaborative law, is a process in which divorcing spouses can agreeably negotiate the terms of a divorce without litigation.
A collaborative divorce involves each spouse hiring a specially trained collaborative divorce lawyer who can assist and advise in negotiating the settlement. Each spouse meets individually with their own attorney and in groups with the other parties regularly until the divorce is settled. Other professionals including neutral accountants and child custody specialists may also be of help during a collaborative divorce process.
In a collaborative divorce, both spouses and their lawyers typically sign a “no court” agreement, which would force the attorneys to leave the case if it goes to court. While the spouses must eventually go to family court to make their divorce legal, a collaborative divorce is aimed at keeping contact with courts limited and manageable. This is to ensure the procedure is simple and uncontested.
The following are a list of benefits of a collaborative divorce process:
· Offers stability during a stressful, emotional time
· The exchange of all information is completely voluntary
· Spouses can negotiate a fair settlement without battling it out in court
· Saves a lot of times and money and streamlines the process
For more information about collaborative divorce or to speak with a qualified and experienced divorce attorney who can protect your legal rights and interests, please contact us today.