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What happens during the collaborative divorce process?
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In a collaborative divorce, the parties negotiate a settlement without going to court. The spouses sign a collaborative divorce participation agreement. They agree to negotiate and attempt to reach a mutual understanding. The spouses will be assisted by their respective attorneys.
The spouses must negotiate in good faith and must be willing to co-operate. If they spouses are more keen on getting even with one another, then collaborative divorce is not a good option. Both spouses must be willing to give up some of their demands. Collaborative divorce is completely based on negotiations. The spouses can avail the services of expert to sort out complex issues such as child custody and support. The negotiations begin immediately after the spouses sign the participation agreement. The attorneys of both spouses must also sign the participation agreement.
If the spouses are unable to reach a settlement, they can approach the court for a general divorce. However if the matter reaches the court, the spouses have to appoint new attorneys. The attorneys who signed the participation agreement cannot represent the spouses in the divorce proceeding.
Consult with an experienced divorce attorney. The attorney can advise you on the procedure for a collaborative divorce. Collaborative divorce is quick and easy. It is not time consuming. There are no long drawn trials and court battles. You can avoid the complex court procedures. Litigation is costly. With collaborative divorce, there is no litigation. So it is easy on your pockets. Even after the divorce there is generally no hard feeling between the spouses as in a collaborative divorce, the differences are settled amicably.
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