A collaborative divorce is different from a regular divorce because it does not involve the court. The parties agree to try to come to an agreement outside of court through collaborative proceedings before turning to the court process.
Collaborative Divorce Lawyers
A collaborative divorce lawyer helps couples resolve their divorce in a respectful, positive and cooperative way. The collaborative lawyer has the following responsibilities:
- Each party has a lawyer in a collaborative divorce, and each lawyer agrees along with the parties to stay out of court while the collaborative process is conducted.
- The collaborative lawyer is a resource for her client, helping to answer financial, legal and other important questions pertaining to the divorce.
- The collaborative lawyer helps the client become educated about the law, personal rights and anything else that will make the process more clear and easy.
- A collaborative divorce lawyer is NOT impartial. She still advocates on behalf of her client and advises her client on issues in the proceedings.
- A collaborative lawyer helps the parties communicate in a positive and respectful way while handling disputes.
- A collaborative lawyer will help analyze competing interests and outcomes in discussing any disputes.
- A collaborative lawyer will help minimize the emotional charge that is associated with divorce by facilitating helpful communications and overseeing the process.
Is Collaborative Divorce Right for You?
It is hard to decide the best method for handling a divorce, but if you and your spouse can both come to an agreement to try collaborative divorce, it can pave the way for an easier future.
Here are some of the positive sides of handling your divorce through the collaborative process:
- You keep the control. Though each party has an attorney, you and your spouse take responsibility for creating the settlement and final outcome.
- You can focus on solutions instead of feelings. Removing the threat of a court battle reduces the stress associated with divorce and helps you to focus on solutions instead.
- You get more for your money and time. A collaborative divorce can be less expensive and take less time than an in court divorce. Once an agreement is reached, it can be finalized quickly. There is no waiting for the court system to find an opening for your case.
Getting Legal Help
If you are considering collaborative divorce as an alternative to a court divorce, contact an attorney with collaborative family law training today. A collaborative attorney can help you understand the collaborative process and help you decide if it is right for you.