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How Does a Collaborative Divorce Work and Whos is it Right for?

There are various paths couples can take when it comes to getting a divorce. Many times when we think of divorces we picture very contentious cases where couples battle it out in the courtroom. But there are a growing number of divorces in which both parties work together to dissolve their marriage with as little complication and trauma as possible.

The process starts at home. Both parties need to come to the agreement that a collaborative divorce is in both of their best interest. At that point they can reach out to an attorney who specializes in this type of divorce. This attorney will guide the participants through the process to make it as easy and painless as possible.

Definition of Collaborative Divorce

Collaborative divorce is a legal divorce process which allows couples to work together to be in control of the terms of their divorce. These types of divorces work best when assisted by a professional that works in the field. Spousal support, child custody, debt division, and property rights can all be settled in a collaborative divorce. The process of mediation helps guide the divorcing couple step by step through the process.

Experienced collaborative divorce attorneys will assemble their team and devise a plan which they deem most beneficial to both parties involved. With attorneys and mediators in place, both parties will be able to work together to find the best options and reach resolutions for themselves and their family.

Benefits and Risks of a Collaborative Divorce

Collaborative divorces, when done right, are completely beneficial. However, there are some risks. The benefits are obvious. The divorcing parties can avoid huge legal fees, a lengthy court process, and unnecessary drama.

There are not many risks when it comes to seeking a collaborative divorce but there are some. Couples may spin their wheels, waste time and money, when they are the type of couple that should have pursued a contentious divorce from the start.  If the relationship was volatile at its peak then chances are it will continue to be so during the divorce process.  This may result in both parties having to start over, this time with a contentious divorce. Also, this will require hiring two new attorneys.

Conclusion

If your spouse and you both agree that a collaborative divorce is your best option then you should reach out to an attorney who specializes in collaborative divorces. If one or both of you are not so sure about the collaborative divorce then a traditional divorce maybe your best option.