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Collaborative Divorce – Understanding the Facts
In the simplest terms, a collaborative divorce is an agreement between the spouses and their lawyers that they will all meet to discuss and work through the any divorce issues thus saving the costs and issues with a court. In addition, all parties might agree to find professionals, such as mental health and financial, in order to work through the emotional and financial issues that led to the divorce on the first place.
How does collaborative divorce work?
It all begins with an agreement worked out by each spouse’s lawyers and signed by all parties. All information is open so everyone can work together to work out any issues that otherwise might end up in court.
This collaboration is what defines this type of divorce and separates it from regular divorce. Instead of discovery motions or hearing motions or depositions where the parties are forced and commanded by the courts to disclose information, everyone meets in an informal setting and the discussions are kept confidential.
In this much calmer, private setting, parties are encouraged, but not forced, to come to an agreement.
What are the benefits of collaborative law?
There are five benefits that come to mind when using collaborative law.
#1. Allows parties to work together to create a financial plan that works best for everybody.
#2. Instead of asking a third un-involved party like a court, the parties involved work together to resolve issues between them. This also keeps children out of a potentially messy court process.
#3. Keeps issues of the family in the family. How often have you heard the ugly stories of broken marriages because it all came out in court?
#4. Save money! Not only do you maintain control over the information but it costs money to go to court!
#5. Maintain some sort of amicable relationship for co-parenting. It is so much easier to start the co-parenting relationship if you set the guidelines together instead of being commanded by a court.
A professionally trained, experienced counselor is probably one of the most crucial elements to a collaborative divorce – only after the willingness of the spouses to negotiate. Call us today for help.
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