Is Collaborative Divorce the Right Choice for you?
At the time of divorce, spouses have two options at their disposal: either to go through the lengthy, costly contested divorce, or work together to settle things through a collaborative divorce. The latter involves both parties to discuss and work out on main issues, such as maintenance, parental responsibilities, property division, custody and others, in the presence of attorneys and other professionals. It is less complicated and expensive as compared to the former option.
The Process of Collaborative Divorce
A collaborative divorce generally involves both spouses to attend several meetings with their attorneys to negotiate terms and provide legal advice to their clients. Both parties work together to reach an agreement on different aspects of divorce. Everyone involved is encouraged to cooperate and maintain an environment of fairness, support, and respect, and discuss issues in a civilized manner.
Generally, third party professionals are present in the meetings to provide assistance with specific issues. They may include estate planning attorneys, parenting specialists, financial specialists, divorce coaches, and appraisers. Each professional is required to provide their insights into the area of their specialization, and helps both parties reach an acceptable agreement. At some point during the collaborative divorce process, both spouses have to contact a family or domestic relations court to get legally divorced.
In addition, both parties are required to sign a no-court agreement in which the attorneys of each spouse must withdraw if they are not able to reach a settlement. After that, the case goes to a family court where both spouses have to hire new attorneys for the legal representation of their interests.
When Collaborate Divorce is a Suitable Option
Collaborative divorce is the best way to settle a divorce. This type of divorce is the right choice, when both spouses:
- Are willing to voluntarily disclose their property and exchange other information
- Want to enter a temporary agreement to stabilize their situation
- Negotiate a settlement which is fair and workable
- Mutually agree on legal procedures in order to the streamline the process and minimize expenses
- Are able to decide how they the post-divorce decisions will be handled
If a couple can meet all the above requirements, collaborative divorce can prove to be beneficial in a lot of ways. Not only will it be less costly as compared to the traditional method, but also an agreement can be reached in relatively less amount of time. Moreover, if children are involved in the process, this type of divorce can help both parents to protect their best interests, and prevent them from stepping into the unpleasant setting of a family court.
Whether you and your spouse resort to collaboration for a single aspect of the divorce or the entire process, it will provide both of you with many benefits. However, you need to be sure that it is the right choice for you, or else it will only result in wastage of time and money. For more information, contact the Law Office of Fedor Kozlov, P.C. today at (847) 241-1299 to schedule a free initial consultation with our experienced divorce attorney.