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A collaborative divorce occurs when spouses are able to work out an agreement for the process they would like for their divorce. Couples that decide on a collaborative divorce are ones that wish to negotiate their way to a positive resolution instead of choosing to seek litigation. This kind of divorce minimizes the negative economic, social and emotional consequences that families will often experience during divorce court processes.
The team that accomplishes this goal for each spouse consists of three independent disciplines that work together as a team to integrate the legal, emotional and financial aspects of the issues that are being disputed. This team will consist of a Divorce Lawyer, a Divorce Coach, and a Financial Specialist. If there are children involved in the divorce, a fourth professional called a Child Specialist, will also take part in the process.
Couples that have differing views on issues such as property division, child custody or spousal support can choose to go through a collaborative divorce by also hiring a mediator to assist in resolving these issues.
In the collaborative divorce process, both spouses and their attorneys will sign an agreement that requires the attorneys to withdraw from the case if a settlement is not reached and court litigation is required. Since most collaborative attorneys will not represent clients in divorce court, each spouse may have to find a more adversarial attorney.
Through collaboration, contact between spouses is kept brief and manageable. Once an agreement on all issues is reached, the rest of the process includes simple, legal and uncontested procedures that do not require trial or litigation.
The collaborative divorce can be approached in many ways. The best ways to efficiently go through this process are:
- you and your spouse can stabilize you situation through mutual agreements
- you and your spouse exchange all information voluntarily
- you and your spouse agree on legal procedures that cut down expense and simplify the process
- you and your spouse negotiate a settlement that works for you
- you and your spouse come to an agreement on how issues will be handled after the divorce
No matter if you use the collaborative divorce option during the entire divorce or just part of it, it will save couples money and time, and will be much less stressful than emotional and dramatic litigation. Contact a Glendale divorce lawyer at The Sampair Group today for more information.
