Collaborative divorce is when all divorce-related conditions are handled and negotiated between the partners without needing a litigation process. Both partners can combine bargaining and mitigation to settle on various aspects of divorce, such as property and debt distribution, child custody and support, and spousal maintenance. Read more to understand this further.
What Is the Process of Collaborative Divorce?
The collaborative divorce procedure starts with a discussion between the separating spouses to ensure that both are ready to bargain and cooperate. A collaborative divorce will not succeed if either side is reluctant to engage.
- The next stage is for both partners to retain legal counsel. You must find an attorney with expertise in collaborative divorce and is open to using mediation or other forms of ADR, as opposed to someone who prefers to go to court and have the judge settle your unsolved issues.
- Collaborative divorce lawyers with experience know how to turn a divorce into a win-win situation for all sides. That said, your lawyer should protect your interests. Therefore, if there is a divorce clause you disagree with, your lawyer will fight to get it changed in your favor.
- Next, privately meet with your lawyer to review your divorce goals. You should talk about how you want to divide your debt and assets, how to manage child support and visitation arrangements, and whether either of you will continue to support the other after the divorce. You must also discuss with your lawyer your choice for how you and your spouse should divide these assets if either spouse has a 401(k) or pension plan.
- Assembling your collaborative divorce team, which will include a divorce coach, a financial consultant, and a kid specialist, should also be started by you and your lawyer. These experts will collaborate with both you and your spouse, making them joint experts. Your collaborative divorce team will be in place after the lawyers and specialists are hired. They will collaborate to assist you and your spouse in identifying the greatest choices and making the best decisions for your family.
- Depending on how each spouse feels about the procedure, how ready they are to compromise, and how well they can work together, a collaborative divorce may be the best option for them. You’ll probably need to file for a disputed divorce, which usually focuses on what each spouse is entitled to under state law, if you and your spouse have a history of domestic violence or cannot communicate.
- However, adopting the collaborative approach may help you save time and money if you are prepared to put aside your disagreements and talk about your divorce logically.