A properly executed, Collaborative Divorce can save a significant amount of time, heartache, and expense in the long run.
You may be thinking, what is collaborative divorce? It is a method of Divorce where both spouses hire their attorneys who practice collaborative law. The parties and the attorneys sign an agreement that states that they will negotiate the Divorce through a series of four-way meetings. These meetings are often carried out with the assistance of professionals such as child custody evaluators, accountants, and appraisers. One important thing to keep in mind with collaborative Divorce is that if the Divorce cannot be settled through these meetings and one spouse seeks a court trial, then both lawyers must withdraw, and the parties must seek new legal representation as if starting the divorce from scratch.
Collaborative Divorce, when properly executed, can be highly effective. It provides a safe, non-adversarial environment where both parties can communicate freely. The parties work together positively and respectfully where they find creative solutions that meet the needs of each party. Following a collaborative divorce, clients are more inclined to find amicable solutions, and they are more likely to produce a friendly co-parenting relationship for the children. Some of the significant advantages of these include stress reduction, time efficiency, control, and cost.
You enjoy enhanced control over the process. Instead of letting a stranger in a black robe make decisions for you, you and your spouse can work out an arrangement autonomously with the help of the Collaborative professionals. This approach leads to less stress, anxiety, and frustration for you and your children than traditional approaches.
Furthermore, you can avoid court-related scheduling problems. Primarily if you work hard, the traditional divorce process can be pretty disruptive. Collaborative lets you bypass this costly logistical encumbrance. The collaborative system lets you resolve the Divorce privately. The lack of formality in the process leads to more creativity, instead of getting burdened by arbitrary technical and legal requirements, parties can share their thoughts and feelings, and views on things that are important to them and, with the help of the Collaborative professionals, create customized solutions that fit their circumstances.
Conclusively, the interdisciplinary team’s insights can have positive long-term consequences. For instance, maybe you and your spouse never really had a grip on your finances, but the financial advisor can help you develop a working budget and money management plan. To be clear, however, a collaborative divorce is not for everyone. It is typically reserved for people with estates of significant size that require creative solutions. These solutions are often not found in black and white in the family code. Likewise, the money-saving aspect of a collaborative divorce only is true if the [marital assets] are large. If the [marital assets] are small, but two individuals want a collaborative divorce, the collaborative process can actually be more expensive, but lead to a more content longterm outcome for the family. Individuals with a smaller estate may want to consider mediation.
If you have further inquiries about the technicalities of a collaborative divorce, reach out to us through our contact us form for an appointment. You may also text us at 361-648-6888 seven days a week!