These days, divorces are very common proceedings. When contemplating whether or not to get a divorce, you have several options on your side and most people prefer the traditional divorce procedures. There are several disadvantages associated with the litigation divorce procedures including the divorce procedure turning out to be too expensive due to the court fees and the high risk of animosity between the divorcing parties. The collaborative divorce approach is a way better option compared to the traditional divorce methods. Let us look at what is collaborative divorce and whether it is right for you or not.
What Exactly Is Collaborative Divorce?
Collaborative divorce can be defined as the no-court technique of terminating marriages. By opting for this procedure, clients allow their attorneys to solve the conflict by making use of some cooperative techniques as opposed to the expensive court procedures. The main aim of this divorce procedure is to cool down the rage that is evident in some divorce cases today.
This form of divorce is worked out by having two attorneys to represent the divorcing parties. Some additional experts are also called upon and they help to deal with some of the disagreements that may be experienced in the process. The nature of the experts included in the process is largely determined by the specific divorce situation at hand. In most cases, however, a financial analyst and a child specialist are included if the marriage has minors.
How Does The Collaborative Divorce Process Work?
When a couple decides to take this divorce option, they sign an agreement stating they will not go to court for the divorce procedure. This agreement known as the “participation agreement” and it has some other commitments that are required from the divorcing spouses. These commitments are very crucial, as they are key to maintaining the collaborative values for the good of the overall process.
Is This Divorce Procedure Right For You?
As seen above, there is no doubt that this divorce procedure is a better option than the conventional way. One thing that is worth noting is that though it is a good procedure, it is not suitable for everyone. If your divorce case involves domestic violence and difficult or complicated conflicts between you and your spouse, then this procedure may not be right for you. It is important to consult a domestic violence attorney as well as your divorce attorney to ensure your legal rights are taken care of on every front. There are some pros and cons associated with this process and they may help you know whether it is good for you or not.
- It is highly confidential as opposed to the court process where a public record is needed
- The choice of attorneys is yours and this ensures maximum commitment by the attorney
- The spouses enter into an agreement to consult the experts and this means the cost is shared
- You can avoid many court hearings and scheduling conferences that may have a very insignificant effect on the outcome of your case
- If an agreement is not reached, you will be forced to hire new attorneys for a court process, which will turn out to be expensive
- Trust is a very critical factor to the success of this process and in most cases, it lacks in divorcing couples
- You cannot completely escape from a courtroom hearing, as you need to present your settlement agreement so that the judge can give approval over the parenting matters
- In cases of violence, a judge may not allow an agreement from a collaborative divorce process
As seen above, the collaborative divorce process is a very effective way of settling a divorce but only if it is right for you. You should weigh the advantages and disadvantages of this procedure and your specific situation and see whether it will work out good for you.