An Overview of The Collaborative Divorce Process
Divorce is not a “one size fits all” subject. Not all divorces are completed in courtrooms and of those that are not, there are multiple ways to reach a mutually-satisfying resolution for the couple.
Two methods of alternative dispute resolution that divorcing couples often choose to complete their divorces are collaborative divorce and mediation. With mediation, the couple works with a neutral third party to determine the right settlement for them. With a collaborative divorce, the couple has complete control over their divorce settlement. This level of control can result in varying levels of satisfaction among couples, depending on other factors present in their marriages. Before you decide to divorce through collaborative law, speak with your divorce attorney to determine if it is the right choice for you.
If you do opt to divorce via collaborative law, the process is completed through a series of meetings between the spouses and their attorneys. Each spouse should have his or her own lawyer for this process.
Other Parties Can be Included in the Collaborative Process
Although the divorcing couple has the final say in all aspects of their settlement, professionals other than their attorneys could be present at their meetings to aid in the process of reaching this settlement. These individuals can include a neutral accountant or a child custody evaluator.
Couples Often Sign a “No Court” Agreement
The goal of a collaborative divorce is to complete the divorce process outside of court. This document holds each party to that agreement. However, sometimes a couple realizes after they start the collaborative process that they need court intervention to reach a fair settlement. Generally, the “no court” agreement stipulates that the attorneys withdraw from the case in the event it has to go to court.
Some Court Interaction is Still Required
Although the bulk of the collaborative process occurs outside of court, some interaction with the court is still necessary. When you and your spouse reach an agreement and you and your lawyers sign the settlement, you must file it with the circuit court of the country where you or your spouse lives, if you live in different counties.
Collaborative Divorce Saves Money
Most individuals who choose collaborative divorce cite this as the reason why. But remember, while you are saving money by avoiding court fees, you can potentially lose money when your assets are divided because of the lack of court oversight. Consider very carefully whether you and your partner can handle directing your own divorce before you move forward with the collaborative process.
Work with an Experienced Winter Park Divorce Lawyer
If you are considering filing for divorce, consider divorcing through collaborative law. Although this option is not right for every couple, it can have a lot of benefits for those who choose it. To learn more about collaborative divorce and other divorce topics, contact The Law Offices of Aubrey Harry Ducker, Jr., PLLC to set up your initial legal consultation with experienced divorce attorney Aubrey Harry Ducker, Jr. He can answer your questions and give you the legal advice you need to move forward with your divorce.