Divorce is difficult and exhausting, even under the best circumstances. At the end of the day, you are dealing with a loss, and getting through the pain can be tough. To make the process easier, you can choose a collaborative divorce process where you and your partner work together to resolve issues amicably.
Unlike the litigation process, collaborative divorce uses a combination of negotiation and mediation to reach an agreement on matters like child custody, child support, and property division. If you wish to take this route, read on to learn more about collaborative divorce and why it might be the best option for you.
What Is Collaborative Divorce?
Collaborative divorce is a method that allows you and your partner to negotiate the terms of your divorce without going to court. Although not right for everyone, this method of divorce aims to settle differences peacefully.
You and your spouse will work together in the presence of your attorney to determine how your assets will be divided and how your children will be raised. The goal is to reach a mutual agreement to avoid going to trial. This process not only saves time but also reduces stress and makes it easier for both parties to relate well after divorce, which is especially important when children are involved.
What Is the Process of Getting a Collaborative Divorce?
Here is a step-by-step breakdown of how the collaborative divorce process works:
Step 1: Getting Started
To get started, you and your spouse should converse to make sure you are on the same page. If either of you is unwilling to participate, then a collaborative divorce won’t work.
After reaching a mutual agreement, the next step is for each party to hire an attorney. When looking for an attorney to represent you, you should ensure that they are experienced in handling this kind of divorce. They should also have good negotiation and courtroom advocacy skills, just in case collaborative divorce doesn’t work out and you need to go to litigation.
Step 2: Sign Your Collaborative Divorce Participation Agreement
After getting legal representation, the next step is for you and your spouse to sign a collaborative divorce participation agreement. By signing the agreement, you agree to use the collaborative approach to resolve your divorce issues. This means that neither of you should go to court. Instead, you should work together to resolve your issues honestly and respectfully.
Step 3: Meet With Your Lawyer One-on-One
Before moving forward with the divorce process, you will need to meet with your attorney to discuss what you want from the divorce. Your discussion will include answering questions such as the following:
- How would you like your assets to be divided?
- Who will have custody of the children after divorce?
- How will child support be paid?
This is also the time when you start to assemble a collaborative team with the help of your attorney. Your collaborative team may include financial professionals, child specialists, financial planners, and mental health professionals. These professionals will help make your divorce process as effective and efficient as possible.
Step 4: Negotiate a Settlement
Once you’ve met with your attorney, it’s time to meet with your spouse and their attorney to negotiate a settlement. Depending on the nature of your case, you will have negotiation sessions on a monthly or bi-monthly basis. Your collaborative team will be present in some of these meetings to help you resolve your issues amicably.
During your meetings, you must be on your best behavior to avoid arguing and hurting each other’s feelings. You must also be willing to provide your spouse with any information that will help with the negotiations. These might include employment and salary information, tax returns, and other details regarding debts and assets.
Step 5: File Your Divorce Agreement in Court
Once you’ve agreed on your divorce settlement terms, your attorneys will draft a settlement agreement for you and your spouse to sign. Do not sign the document before going through the terms to make sure it’s what you agreed upon.
After signing the documents, your attorneys will file the case in court and schedule for the final hearing. The judge will then review your divorce settlement. If they find it fair and reasonable, they will sign it to finalize the divorce process.
Is Collaborative Divorce Right for You?
Collaborative divorce is a great option if you and your partner are willing to set your issues aside and discuss your divorce rationally. Unlike traditional divorce, this method is less hostile, less expensive, and gives you more control over your divorce process.
If collaborative divorce is available in your state, you and your spouse can agree to use it to dissolve your marriage peacefully.
