For divorcing spouses, who must decide how they want to enter the divorce process, and who fear a high conflict situation, knowing that collaborative divorce is an option might help assuage some fears. But what about the things couple’s don’t agree on? Can you still be good candidates for collaborative divorce if there are some un-settled matters? Yes! Collaborative divorce is a way to take some of the heat off the divorce stove, and is not only used by couples in complete agreement.
How Does Collaborative Divorce Work?
Along with the help of professionals, you and your spouse negotiate an acceptable agreement. You will want to hire your own collaborative attorney to advise you in negotiating the settlement agreement. Once your spouse has met with his or her attorney, and you have met with yours, the four of you will meet together.
In cases that involve children or large amounts of assets, you might want to also engage the help of child custody specialists or accountants.
Unable to Reach an Agreement
Typically, both spouses and their attorneys sign an agreement that requiring the attorneys to withdraw from the case if a settlement cannot be reached. At that point the case goes to court. You will then need to hire a divorce attorney, as most collaborative divorce attorneys will not represent you if you end up going to court.
Reach an Agreement
If you are able to come to a divorce agreement through the collaborative divorce process, you will need to meet with a family court judge, only so that he or she can sign the agreed to settlement.
Why Collaborative Divorce Helps
Through the collaboration process, contact with your soon to be ex spouse is made brief and manageable. If an agreement is reached, then the legal part of the divorce is pretty simple and will not require a divorce trial. All necessary information is exchanged, legal costs and procedures are reduced, and both parties are able to reach a settlement that seems fair, thus allowing both you and your ex-spouse to move forward.
For advice on collaborative divorce and all it’s aspects, you need the expert law firm of Korol and Velen, certified family law specialists. Schedule a consultation today.
Source: AboutRelationships.com, What is Collaborative Divorce?, 2014
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