When two people get married, they do so hoping their union will last forever. Unfortunately, statistics show us this doesn’t always happen.
Each year, more than 780,000 divorces are filed in the United States alone. The average length of a marriage in America is only eight years. When two people divorce, there are several ways they can go about it.
While most people think of messy courtroom divorces, this isn’t the norm. More people than ever are choosing the collaborative divorce process than ever.
But what is collaborative divorce? Could it be the right choice for you? Continue reading to find out.
What Is Collaborative Divorce?
Collaborative divorce is a process that avoids court. Instead, the two involved parties negotiate a divorce agreement through mediation. For the process to work, both parties must be willing to cooperate and communicate freely.
You can go through a collaborative divorce process after you file for separation or without filing. There are many benefits to this divorce process when both parties are willing to reach an agreement.
The most significant benefits include:
- Open communication between parties
- Save time and money
- Allows for decisions to be made that are beneficial to both parties
- Allows negotiations to go in favor of both parties instead of having a judge decide
What Should You Expect During the Process?
During the process of collaborative divorce, each spouse will hire their attorney. It’s essential to hire an attorney who is both adept at the negotiation process and is supportive of mediation. Each person will meet with their attorney to describe what they’re hoping to get out of the divorce process.
After each party has met privately with their attorneys, a group meeting will occur. The two attorneys and two parties will try to reach an agreement amongst themselves. This process may take several sessions.
If an agreement is reached during these sessions, legal contracts will be signed, and the divorce can move forward with finalization. If a deal can’t be reached, a mediator will be called in to assist.
Who Is It Right for?
The collaborative divorce process isn’t right for everyone. It works best when the divorcing spouses are on speaking terms and are committed to working together to reach an agreement. Partners who already agree on things like post-separation ownership and child custody will do well in this process.
Spouses who are not on speaking terms or are involved in a messy “battle” will not do well in collaborative divorce. This process is also not recommended for anyone separating for issues relating to domestic violence.
Do You Have More Questions About Collaborative Divorce?
The collaborative divorce process is an excellent choice for spouses who can still communicate with each other. Settling outside of court presents multiple benefits in the right situations.
Do you have more questions about collaborative divorce?
Feel free to browse our other blog posts. You’ll find a wealth of information on related topics to help you dive further into the matter.
