Collaborative divorce is the most recent method of alternative resolution to disputes in family law. In this type of divorce, the lawyers for both parties agree to resolve conflicts by utilizing cooperative strategies rather than adversarial approaches and litigation. During the negotiations, it will be agreed that no litigation will be initiated. The parties and their attorneys enter into a participation agreement wherein they will agree that if they will not be able to reach a settlement, the attorneys will withdraw from the process and will not participate in the litigation if it may ensue.
The involved individuals in the collaborative divorce are committed to making a safe divorce process which will not cause further harm to the participants and their families.
In collaborative divorce, a negotiated agreement is settled without the costs and conflicts that go along traditional approaches. A collaborative divorce indeed maintains a respectful atmosphere. It is also less stressful than traditional litigation. Collaborative divorce provides the parties with an agreement that is deliberated by both parties with the guidance of their collaborative divorce attorneys.
Advantages of Collaborative Divorce
You are able to maintain control of the situation. Even though you and your spouse have a lawyer to represent you, you are still the one who assumes responsibility for determining the settlement as the primary team members.
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You are able to gain assistance from your lawyers. You can cooperatively establish the settlement with your spouse while taking advantage of your attorney’s skills on problem-solving and negotiating settlement at the same time.
You can solely concentrate on settlement. Your anxiety and fear will be significantly reduced if there is no intimidation of going to court, thus helping you focus on looking for possible best solutions.
A collaborative divorce may be less expensive and less time-consuming than litigation. Divorce can be concluded within a shorter period of time when you already reach an agreement.
You have the opportunity to negotiate a better settlement. A collaborative divorce can generate a final agreement that are more detailed and comprehensive than an order issued by a judge following a contested divorce proceeding.
A collaborative divorce is a trouble-free way to terminate a marriage by reducing conflicts, working in an atmosphere of cooperation, and dealing with each other with respect. With this approach to divorce, you and your spouse are making an environment that is healthy for both of you as well as your children.
Disadvantages of Collaborative Divorce
The only disadvantage of a collaborative divorce is that there are no time constraints imposed by the court. Collaborative cases tend to continue until a settlement is reached because there is no case on the court docket.
Collaborative practice is not suitable for all cases. Divorce cases that involve critical issues such as violence, drug and/or alcohol abuse, or mental disabilities may not be appropriate to resolve under a collaborative process.
You should not fail to remember that a collaborative divorce is not for everyone or for every situation. Those involved in the case are required to be committed to working with and not against the other party to be able to accomplish the desired outcomes.
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