Collaborative Divorce Promotes Amicable Marriage Resolution
December 25, 2019
Collaborative divorce helps divorcing couples resolve all their marital issues without animosity. When both spouses reach a mutually satisfying agreement out of court, especially when they have children together, the entire experience will be much less stressful and the potential for future problems can be avoided.
You and your spouse should decide together how you want to proceed – settle it out of court or take a traditional (and often more adversarial) approach.
In a typical divorce, each spouse hires a lawyer, papers are filed with the courts, negotiations take place and in many cases arguments ensue. Things like property division, child support, visitation and other issues arise that can take a lot of time to work through. This not only results in extensive legal costs, (every time a new motion is filed the costs go higher), but the wear and tear on everyone’s emotions can be monumental. Lengthy, high conflict situations, with each spouse determined to get everything they can, without compromise, can be avoided with a more compassionate approach to divorce.
Hiring collaborative divorce attorneys is often a better option for everyone concerned. Collaborative divorce attorneys are specially trained in collaborative practice. They will help guide discussions and create options for outcome between you and your spouse. In addition, your attorney will prepare and file all of the legal paperwork required with the court, including the final settlement agreement.
Through collaborative divorce, once an agreement is reached and submitted to the court, the Judge will approve without a formal hearing in most jurisdictions. However, if you and your spouse are unable to reach a workable agreement that you can both live with long-term, then it may be necessary to go the traditional route with a trial, and the Judge decides the outcome of your divorce.
In a traditional divorce, there can be numerous hearings to attend where your lawyer and your spouse’s lawyer will each litigate all the points of evidence before the judge. In addition, you both must respond to lengthy, complex interrogatories, documentation production and depositions. A typical divorce procedure can take anywhere from a few months to several years, and legal costs can be astronomical. Furthermore, the inconvenience can be significant in a number of ways. But perhaps more importantly, you will have to accept that the decisions that are made are all out of your control, or your spouse’s because the judge has the final say. You’ll get your divorce, but it doesn’t come without a price.
On the other hand, when you’re both able to agree on how to divide your finances, your home and possessions, determine who pays for what and are willing to share parenting time, everybody wins. Choosing to dissolve your marriage out of court is more affordable, plus you can each walk away with dignity and respect. But more importantly, your children won’t feel conflicted over divided loyalties.
As collaborative divorce attorney at The Hill Law Firm, P.C., I will assist both you in understanding the legal issues in your case, and identify and create a working summary of your marital assets and debts. Together we will explore your options for how to distribute your marital estate, and determine what your financial responsibilities are, when appropriate, for support. This will be done collaboratively with your spouse and his or her collaborative attorney.
At our firm, we are committed to facilitating productive communication, as well as providing resources and information regarding children. Our goal is to support you emotionally, helping you to find a mutually agreeable resolution and bring closure to the end of your marriage in a way that is respectful and considerate.
To schedule a consultation or to obtain more information about mediation, collaborative mediation or collaborative divorce, you may contact my office by completing the form below or call 913-381-1500.
Collaborative Divorce & Mediation