4 Questions About Collaborative Divorces

Is a collaborative divorce the best option for you and your spouse? If so, it will help to know more about what exactly having a collaborative divorce means.

How Is A Collaborative Divorce Unique? 

What makes a collaborative divorce different from other forms of divorce is that both the lawyers and people getting a divorce will enter an agreement where they cannot walk away from negotiations. If the collaborative divorce fails, you will not be able to use your lawyers for litigation. This matters because the lawyers are going to try their best to negotiate under a collaborative divorce, and the people getting a divorce will have additional costs involved by withdrawing from negotiations. This helps everyone stay on the same path towards a collaborative divorce. 

How Do Lawyers Help With A Collaborative Divorce?

Your lawyers are not just there to represent you in this legal process of divorce, but a collaborative divorce lawyer is also a trained mediator in divorces. Your lawyer is not just looking out for your best interest, but to also help come to a resolution that can be agreed upon by both parties. You are essentially getting the benefits of going through mediation without hiring a mediator. 

Will Your Collaborative Divorce Ever Be Heard By A Judge?

The goal of a collaborative divorce is to come to an agreement on all issues and present the divorce as an uncontested divorce. This will result in never having to appear in court and have your case heard by a judge. This can help cut down on the legal costs and speed up the divorce process for everyone involved, which can be an appealing reason to get a collaborative divorce. 

When Is A Collaborative Divorce Not A Good Idea?

It's important that both spouses have the same mindset of wanting to explore a collaborative divorce and want to be guided through it. If both people are very contentious and do not trust each other, it is going to make a collaborative divorce very difficult. There must be a level of trust still there between each other. It is okay to have disagreements and not get along with each other, but the nature of a collaborative divorce means that there must be a willingness between both people.

Have more questions about collaborative divorces? Reach out to a lawyer in your area that specializes in this type of divorce for more information about divorce law.