An Overview Of Collaborative Divorces

6 January 2020
 Categories: , Blog


Has your marriage reached the point where you and your spouse are considering divorce? This can cause a really stressful situation at home, especially when you have kids. If you are picturing having to go to court to battle it out with your spouse, know that it doesn't need to be that way. Divorce doesn't always play out like you see in television and movies since there is a way to do it that will be the best possible situation for everyone involved. Here is what you should know about collaborative divorces.

What Are Collaborative Divorces?

What makes a collaborative divorce unique is that you will be working together with your spouse to finalize the terms of your divorce. This will be done outside the courtroom and without a judge making the final decisions. It is common for each spouse to have their own lawyer through a collaborative divorce, who will be the main point of contact for addressing what you want out of the divorce. The lawyers then do a lot of the talking to come up with common aspects that both of you seem to agree on. 

When there are disagreements, your lawyers step in to become mediators during the process. The goal is to come to an agreement that both spouses are happy with, even if it means not getting everything that you want. One thing to remember is that you have full control over the outcome of a collaborative divorce and negotiating the terms. If it goes to court, you'll lose that power to a judge. 

Why Are Collaborative Divorces Used?

There are multiple benefits of going through the collaborative divorce process that you may not be aware of. Many couples do it because it will be less expensive overall. There are no court fees and preparation, which can add to your lawyer's billable hours. The process will also happen quickly because there is no need to wait for a court date and have it settled by a judge.

Many couples do their own mediation before working with a lawyer. They'll write out their own agreement that they are happy with, and then have the lawyer finalize it all for them so that it is legal and binding. A judge must be the final person to approve the agreement, and will generally do so if it looks as if it is fair to both spouses and the children.

To learn more, contact a divorce law firm in your area.