For many couples facing a divorce, there is a fear of having no sense of control over the fate of your assets and child custody arrangements and a general uneasiness regarding the familial conflict. After all, going to trial in a divorce leaves you at the mercy of the family law court and judge. While they may have experience in these matters and a good idea of what is best for a family, they do not know your family the way you and your spouse do.
There are several benefits a collaborative divorce can provide, including:
- Provides a say in divorce issues
- Gives an opportunity to find mutually beneficial arrangements
- Potentially saves time and money
- Informal and potentially private settings
- Provides an opportunity for deciding post-settlement dispute arrangements
These, among many other reasons, are why divorcing spouses choose to pursue collaborative law as a means of settling divorce matters.
How does collaborative law work?
Generally speaking, in a collaborative divorce, you and your spouse meet with your attorneys separately and discuss relevant financial and legal matters regarding the divorce. Then, you and your attorney meet with your spouse and their attorney and discuss arrangements.
This meeting will usually occur several times and even involve professionals from other fields to assist with issues like child custody and asset division. Once you have finished negotiations with your spouse and their attorney, all parties will have to sign a no court agreement. You will then file the necessary divorce paperwork and agreements.