Have you mutually decided to get a divorce from your spouse? If so, you two might want to make the divorce process easier by getting a collaborative divorce. This is ideal for married couples that are still willing to communicate with each other and make sensible compromises. Here are three questions you may have about getting a collaborative divorce.
What Are Collaborative Divorces?
What makes collaborative divorces different from other types of divorces is the negotiation process. It's common for each person to still have their own lawyer assist them through the divorce process and also work with a mediator during negotiations.
The mediator is essentially a neutral party that works with the couple during the negotiation process of their divorce and helps decide on the final settlement. They'll help you make hard decisions and come to a final agreement on important parts of a divorce, such as who receives certain assets, who has child custody, how much alimony will be given, and things of that nature.
What Role Does The Court Play In Collaborative Divorces?
You may have seen plenty of TV shows or movies where a couple battles it out in court during a divorce. This is not the case when you two decide to collaborate. It is possible to work out all aspects of the divorce in mediation. If you have a disagreement about any issue, it is possible to leave it to the court to make a decision about just that issue, but there will be no way to go against the ruling that a judge decides.
However, keep in mind that a judge will finalize your divorce once you've reached an agreement on all key issues. If you've made decisions that are fair, balanced, and well thought out, there should be no issues with having your divorce finalized.
Are There Benefits To Collaborative Divorces?
Couples that use a collaborative divorce process will move through it much faster than through other means. This also helps reduce how much money you pay your lawyer in legal fees, which may be a huge concern for you. It also limits emotional damage that can happen when going through a contested divorce. In addition, subpoenas will not need to be issued, since you'll be willing to supply information to move forward with the divorce and you'll have minimal court costs.
If you're considering a collaborative divorce, contact a local divorce attorney for assistance.