How is a Collaborative Divorce Different from Divorcing through Mediation?
If you are considering a divorce, you probably know that there are a few ways to complete the process. You can complete your divorce through litigation, which means bringing your case to the courtroom to have it decided by a judge. You can also complete it through one of two methods of alternative dispute resolution: mediation and collaborative law.
Mediation is exactly what it sounds like: you and your partner work with a mediator, a neutral third party, who walks through all of the items of your divorce settlement, such as parenting time, the division of your assets, and whether one party should receive spousal maintenance and if so, the length of time he or she should receive it, to help you come to mutually-satisfying agreements about each. Both partners have more control in the mediation process than they do in the litigation process, but not quite as much control as they have with collaborative law.
Collaborative Divorces Put All the Control in the Divorcing Couple’s Hands
Collaborative divorce is like divorcing through mediation, except it does not involve a neutral third party. Instead, all issues to be resolved in the couple’s divorce settlement are determined by the couple. This is why a couple who chooses collaborative divorce needs to be able to work together amicably and without suspicion that the other might try to hide assets or attempt to be deceitful in any way.
Although there is no mediator for a collaborative divorce, each party does need to have his or her own attorney. The attorneys protect their clients’ rights and interests and can advise them about what to include in their divorce settlement, but the attorneys do not make any decisions for the couple. The attorneys and their clients also need to sign the divorce settlement at the end of the process.
This type of arrangement generally leads to better understanding, communication, and a stronger relationship between the couple after their divorce is finalized. When a couple has children together, this is the ideal outcome. Collaborative divorces also tend to be much less expensive than divorces decided in the courtroom because there are fewer attorney meetings, no court fees, and no need for motions or depositions. Talk to your attorney about collaborative divorce to see if it is right for you.
Work with a Winter Park Collaborative Divorce Lawyer
If you are considering filing for divorce, consider a collaborative divorce. A collaborative divorce has a lot of advantages over mediation and litigation, the most significant of which is the level of control you have over how your divorce is settled. Even if you do choose collaborative divorce, you still need to work with an experienced divorce attorney. Contact The Law Offices of Aubrey Harry Ducker, Jr., PLLC to schedule your free initial consultation with Mr. Ducker. He can help you determine whether collaborative divorce is right for you and if so, represent you through the process.