Not all divorces involve animosity and contention. Many couples have a long-history of love and respect for one another, and want nothing more than a fair and equal divorce. For such couples, there is a new, emerging trend in the field of alternative dispute resolution that supports this method of divorce. It is known as collaborative divorce, and it could very well be the solution your family is looking for.
Continue reading to learn some facts and legal principals surrounding collaborative divorce, including how to determine if it is right for you.
Collaborative Divorce Basics
In conventional divorce cases, spouses often view each other as opponents or enemies, which can set the tone for a challenging and contentious divorce process. In contrast, collaborative divorce is a non-adversarial, out-of-court approach to legally ending a marriage. It places the focus on finding solutions for family legal issues, rather than accusations and provocation, which helps achieve a mutual settlement without litigating. Overall, it tends to make the divorce process easier and produce a more positive outcome.
The Collaborative Law Process
In the collaborative divorce process, the divorcing couple works as a “collaborative team” alongside a single collaborative divorce lawyer who represents them both. In a safe and constructive environment, everyone works together to devise a divorce plan that is equally satisfying and fair to each spouse.
Prior to getting started, a written agreement is drawn up and signed by both parties in the presence of their lawyer to mark their promise to use trust and fairness when negotiating a resolution, and to disclose all information and documents relevant to their case. Once all divorce arrangements are agreed upon, both parties enter into a comprehensive and legally-binding written agreement that authenticates the details of the divorce and settlement.
Many people confuse divorce mediation with collaborative divorce since they are both forms of alternative dispute resolution. Although they are similar negotiation approaches, they are quite different. See our blog, “The Difference Between Mediation and Collaborative Divorce” to learn more about alternatives to dispute resolutions.
Benefits of Collaborative Divorce
There are various benefits to collaborative divorce, which is why it is becoming more and more popular in the legal field. Not only does collaborative divorce support and promote an ultimate resolution, it usually renders one quickly. Furthermore, divorcing collaboratively can save on legal fees since you share one collaborative divorce lawyer. Best of all, collaborating your divorce will spare you from stress and bitterness, and also protect your children from being exposed to the dramas of divorce.
When Making the Decision…
Although collaborative divorce has several benefits, it is not for everyone. It is important to discuss your divorce questions with a seasoned divorce attorney who can give you the information and counsel you need to make an informed decision. Keep in mind that, once the collaborative divorce process begins, if one spouse decides to pursue litigation rather than continue with collaboration, the shared collaborative lawyer will have to resign, and both spouses will have to retain new and separate representation.
Call an Orlando Collaborative Divorce Lawyer
Contact the Law Office of Shane T. Herbert at 407-236-4852 to speak with a seasoned collaborative divorce lawyer in Orlando, Florida. From traditional and collaborative divorce litigation, to alimony, child support, child custody, and everything in between, we can navigate all aspects of your family legal matters from start to finish. For your convenience, office visits are not required for initial consultations, as we are happy to provide them over the phone or even video conference, if needed.