In terms of divorce settlements, and different ways to get there— there are plenty of options. As anyone who has gone through a divorce knows, they can go sour quite quickly. But, that is not always the case. In many divorces, both parties will agree that they want to make it through this with their dignity, and sanity intact. If you and your to-be former spouse have agreed to this, then a collaborative divorce might be right up your alley.
Collaborative Divorce for Collaborative Couples: A Smart, Cost-Effective Option
What Is It?
In general, many divorces take place without ever going to court. But even then, they may have to undergo long litigation and mediation in order to get the result you want. When this happens, things often get ugly and cause more tension between and your ex. As a result, this process can have a huge impact on the emotional state of children involved in the divorce.
So to avoid these problems, some people choose to seek out a collaborative divorce. This type of divorce takes place when a couple agrees to seek a civilized divorce and to forego the process of court. Therefore, all negotiations are made between both parties, and their respective lawyers without going before a judge. This option gives you both more control. However, it can be difficult when one, or both, parties are not cooperating.
How Does it Work?
Before beginning the process, both parties will each hire their own collaborative attorney. Then, all members of each party will sign a Participation Agreement. By signing this document, all signees agree to offering up full disclosure throughout the process. That means information and details regarding all finances and any other important matters to settle. It also states that the two will settle the matters outside of court and that all things will remain confidential about the case.
While most cases just include collaborative attorneys, some cases may hire other professionals as well.
This could include financial advisors or child psychologist. If these members come on board, they will also need to sign the Participation Agreement.
After that, you can begin the process of settling important agreements like child or spousal support. This process should also settle custody agreements, as well as dividing property and other assets. The major difference with a collaborative divorce is that it is not about who wins or loses. Instead, this type of divorce wants to split things fairly, while also keeping peace between spouses.
No matter how you decide to proceed with your divorce, if you have kids involved, you will still have to deal with your ex. So a collaborative divorce works to keep things civil. That way, you can continue working peacefully together in the future.