In a typical divorce, the husband and wife may be so angry with each other that communicating is out of the question, but this is not always the case. If you and your spouse want a divorce are able to communicate and be decent to each other, you may be able to use a collaborative divorce. Not only is this a more affordable option, it also offers benefits that you will not get with a traditional type of divorce.
What's the Difference?
In a traditional divorce, two lawyers are hired to negotiate on the division of marital property. The spouses do not communicate with each other during these negotiations, but instead the lawyers handle all communications themselves. This is the most common way to get divorced, and it happens most often simply because when a couple decides to divorce, they usually do not get along good enough to talk about anything.
In a collaborative divorce, the spouses make an agreement to work together to reach mutual agreements on the division of marital property. Each spouse may still have the right to hire an attorney; however, the attorneys are simply present to monitor and control the topics of discussions during the negotiations.
Is This a Good Option To Choose?
A collaborative divorce is certainly not the perfect option for all couples, but it can work for some. If you want to consider this option, you will need to begin by discussing it with your spouse.
When you ask your spouse about it, you may get a clear answer as to whether or not it will work. If your spouse fights you during the conversation using a collaborative divorce is probably not the way to go, but if your spouse seems eager and content with this option, you might be able to use it successfully.
How Does It Work?
The goal of a collaboration divorce is to allow you and your spouse to work out all the issues you have in ways that are best for both of you and for your kids. In other words, it is designed to be a win-win situation.
Before the negotiations begin, both spouses must agree to be fair, honest, open, kind, and cooperative during the meetings. They must both agree to look for the best solutions for everyone involved, and they must be willing to avoid arguing, yelling, and fighting.
When the time comes to begin working out the issues of the divorce, they will schedule meetings that involve both spouses with their attorneys. These four individuals discuss all issues relating to the divorce, and the attorneys monitor what is discussed. The attorneys do not typically offer advice, unless it is asked for; they simply allow a couple to make feasible agreements on their own.
If necessary, the attorneys may suggest bringing in professionals to help resolve issues that relate to emotional aspects of the divorce. This can include counselors, coaches, or various types of specialists.
Do You Have To Use Attorneys?
While there might be a way to have a collaborative divorce without attorneys, it is always better for both of you to have your own. Your own attorney can advise you about your rights before the meetings take place, and he or she will help you better understand the laws relating to divorce.
In addition, the attorneys will make sure that all agreements are recorded accurately so that an official divorce order and decree can be created. It is your responsibility to make sure you read over all the agreements you make with your spouse before signing anything, because once a divorce is court-ordered, it makes it hard to change anything that the decree contains.
Getting divorced with this method might work well for you, but you should consult with a specialist in divorce law with First West Law LLP or from similar companies before making your decision. If you would like to learn more, contact a divorce lawyer that you trust.