When thinking about divorcing, there is always the fear of the process and the potential for bitter litigation. In fact, research by the American Bar Association (ABA) shows that over 70% of couples stay together because they don’t want to go through the legal process of a divorce. If you are thinking about a divorce, it doesn’t have to be messy; a collaborative divorce can allow your family can come out of the entire process without all of the emotional damage.
Most likely, your idea of a divorce has been formed by what you see on TV and this is where the fear starts. Hollywood tends to over sensationalize issues and divorces – particularly high profile celebrity divorces and made for TV drama divorces – you get the ultimate sensational experience.
Is there a more civilized way of solving a divorce dispute? Of course, there is and many couples are going through collaborative divorce as an alternative to litigation.
Here are some of the most commonly asked questions about collaborative divorce:
- What is collaborative divorce? This is where a couple agrees to go through a thoughtful and peaceful divorce process guided by lawyers from both parties. The meetings are civil and both parties are guided by a commitment to the family. The discussions are private and if it is successful, you end up with a plan for your family that works for everyone.
- Why go for collaborative divorce instead of litigation? It is less costly. It is more civil and the welfare of the family comes first. The issue of money is not the guiding factor in a collaborative divorce and you avoid the bitterness that is commonly witnessed in court.
- How does collaborative divorce work? Collaborative divorce is a legal process supervised by lawyers and it is used to solve all kinds of disputes including child custody and resource allocation. There is no need to go to court because the agreement you have serves everyone. From paternity, custody and visitation, time sharing, alimony, parenting plans to post-nuptial negotiations, a collaborative divorce lawyer can help handle all divorce issues.
- Can collaborative divorce work for everyone? However tricky your divorce looks, it is important to appreciate that an experienced collaborative divorce lawyer can help you see a bigger picture and bring legal sense into any dispute. This process works for any divorce because there are lawyers on both ends and their role is to work for the benefit of their clients and the family. When it works properly, there are no ugly disagreements like you have seen on TV.
- How do you get a collaborative attorney? Ask for referrals and read online reviews in order to find the best attorney for your case. Look for a reputable legal expert with experience in handling divorces through collaborative processes.
