When people think about ending a marriage, the traditional process of getting a divorce along with all the emotions and stress the comes attached is the first thing that comes to mind.
If you believe you and your spouse can dissolve the marriage in a calm manner with the shared goal of deciding what is fair for both parties, you may be able to skip the litigation process and opt for a collaborative divorce instead.
Why Consider a Collaborative Divorce?
When you decide to go the litigation route and take your divorce through the court systems, a judge has the temporary and final say in the conditions surrounding your divorce. You and your spouse remain in control under a collaborative divorce, working together to achieve resolution.
Collaborative divorces are less stressful as they are a more amicable choice of ending a relationship.
How to Have a Collaborative Divorce
Both you and your spouse will need to retain a collaborative divorce lawyer to handle your case. Instead of looking out only for their client, the lawyers must work as a unit to figure out an agreeable end to the marriage.
In addition to each of your lawyers, you will consult with experts such as accountants, real estate brokers, and a child custody specialist. These experts will be neutral, unlike in the traditional divorce process, and are there to help you make decisions that are best for everyone involved.
To being a collaborative divorce, an agreement must be signed stating that both spouses and lawyers agree to work out the details of the divorce in a respectful manner out of court.
What If We Can’t Agree?
A collaborative divorce is not the ideal solution for all couples. For example, if you are unable to come to an agreement with your spouse this type of divorce is not going to work.
If it is decided that you and your spouse cannot agree, the process will be terminated so you and your partner can proceed with a traditional divorce.
Unfortunately, you will have to get a new lawyer as you cannot use the same lawyers and experts.
When you terminate a collaborative divorce process you agree that you will retain a new lawyer and you will start the divorce over. Anything revealed during the collaborative process is considered protected and can’t be used in court.
At LaCoste Law, we can help you navigate the process of a collaborative divorce. Please contact us or email us at firstname.lastname@example.org to determine if a collaborative divorce is right for you.