Collaborative Divorce: What is it & is it right for you?
The number of divorcing couples in the United States has gone down. However, about 1 million couples are still filing for divorce every year. The longer couples stay together, the higher their chances of divorcing, with half of all divorces in the US involving children. While no divorce is like the other, the process does not always have to be confrontational, bitter, and unsettling. With Alternative Dispute Resolution mechanisms such as mediation and collaborative divorce, it is possible to maintain a good relationship with your ex-spouse and enjoy your emotional well-being during and after divorce. This post will give an overview of the collaborative divorce process and highlight the collaborative model’s benefits.
What is collaborative divorce?
There are three ways to handle a divorce; litigation, mediation, and collaborative divorce. The collaborative divorce model works best for divorcing spouses who are still on talking terms and have been in a high-net-worth marriage. Each party hires a collaborative attorney privately who can oversee the divorce mediation according to the collaborative law. The collaborative law requires the attorneys to undergo special and ongoing training and commit to fair negotiations for an out-of-court settlement. They must ensure that their clients do not have an option to go to court, and if they do, they cannot be part of the litigation counsel.
The collaborative divorce process is based on good faith and honest exchange. All parties and their attorneys must agree to engage in a voluntary and free exchange of information in such four-way meetings. According to collaborative family law, this form of divorce is the best option for children and even divorcing parties as it is calm, unlike the impersonal litigation process. Collaborative divorce lawyers are specially trained to handle conflict and disagreements amicably, with knowledge of litigation and mediation. However, their role in the collaborative law process is to develop a negotiated agreement that is deemed fair by both parties.
If they cannot agree, they may seek professional advice from divorce coaches and child and financial specialists for professional advice regarding property sharing. Other professionals familiar with collaborative law may also be brought in to handle post-settlement disputes involving child custody, child support, and marital property.
Benefits of collaborative divorce process
Not all divorces end up in court, with the couple standing before a judge yelling and sharing intricate details of their intimate lives in public. With alternative dispute resolution methods such as collaborative divorce, neither of the parties needs to begin litigation. Each spouse’s attorney is committed to the negotiation process to ensure that collaborative divorce works. Here are the benefits of the collaborative model.
- Collaborative divorce saves time and money. As long as the divorcing spouses are ready for an open communication, the negotiation process does not take long. Court processes are long and costly, and collaborative divorce seeks to provide an alternative.
- The family of the divorcing spouses gets to enjoy privacy. They only share with the few professionals involved in the process, and the details are not shared with the public.
- Less post-settlement disputes because it is aimed at a win-win solution for all parties. Both the divorcing spouses and their children get a fair settlement.
- Peace of mind. The parties can evade those bitter court exchanges that affect their emotional well-being and are also spared the pain of reliving the divorce.
- It is easy on the children of the splitting parents. Children do not have to hear their parents air each other’s dirty laundry in public. They only get to know what they ought to know, not the bad things that led to the divorce. This helps preserve their mental well-being.
- Collaborative law divorce gives more control to the affected families. Parties agree on what to share, where to have meetings, and child custody. The negotiation process considers each spouse’s ability to participate in the talks.
- Lower chances of post-judgment appeals. The process is voluntary, and therefore the divorce settlement reflects the wishes of all parties, with little chance of disputing the outcome.
- Flexibility. The negotiating team can seek expert opinion on anything they don’t seem to agree about. For instance, they can consult a child specialist on how to develop a win-win parenting plan and a financial advisor on how to share marital property.
Is a collaborative process the right choice for you?
Your marriage is ending. You want peace of mind. Probably you have children together or not. But you don’t like exposure. All you want is to keep everything private without going through the trauma of reliving the divorce at every hearing. You believe in ending things peacefully, with each party winning. You are a good candidate for a collaborative divorce. Get your phone now and call CT Mediation Center, LLC on 860-986-1141 now and get a collaborative team to walk you through the collaborative process.
Looking for the best collaborative divorce attorneys in CT? Contact 860-986-1141 for legal advice
Collaborative divorce does not always end with settlement agreements. The attorneys need to stay committed to the negotiations. While the process involves the shared commitment between the four parties to make collaborative divorce work, the attorney has a bigger role. If you are not ready to begin the litigation process, you need to invest a good amount of time finding the best collaborative divorce team. The key elements include a good understanding of collaborative law divorce, professional experience, and confidentiality. At CT Mediation Center, LLC, we help with mediation and collaborative divorce. We also offer online mediation, divorce mediation, parenting mediation & custody coordination, civil mediation. If you are looking for a compassionate way to resolve your divorce, call CT Mediation Center LLC on 860-986-1141 and negotiate your way to a fair settlement.