Every individual marriage is different, and as such, every divorce is different too. Many divorces end in settlement instead of trial, with family lawyers effectively negotiating on behalf of their clients to amicably resolve issues that may exist with their spouses.
How Does Collaborative Divorce Reduce Conflict?
Collaborative divorce is a form of divorce in which spouses work together in an honest and open manner to attempt to reach a peaceful settlement without having to go to court.
Usually, many families find this option to be particularly desirable because it can reduce conflict, tension, and hostility in the complex procedure of a divorce, laying a positive foundation for the continued communication between parties, particularly for the sake of any children involved.
Also, it allows the parties to save money since fighting can be expensive.
How Collaborative Divorce Works
When a couple decides to pursue collaborative divorce, they agree to forgo other adversarial divorce proceedings in an attempt to keep the dispute out of court. Once they have chosen their family lawyers, they may also choose to work with a variety of other trained professionals in a team commonly including a child specialist, divorce coach, or a financial specialist.
Using the team available to them, both parties will reach a final agreement regarding their collaborative divorce, and that agreement will be incorporated into a formal judgment for their divorce or end of marriage, which will need to be entered by a judge as an order of the court before it becomes official.
Usually, collaborative divorce can be organized in less time than other forms of divorce, such as when litigation is needed, and many people regard it to be less expensive too. As a more peaceful form of negotiation, it can result in a more satisfying outcome for both parties, who come to terms regarding their own solution, instead of having a solution forced upon them by a court appointed judge.
Some helpful items to be aware of along the way :
- Commitment to Resolution: Both parties and their respective attorneys sign a participation agreement, committing to resolve the issues without going to court. If the collaborative process fails and the case ends up in litigation, the attorneys involved must withdraw, and the parties will need to hire new lawyers for court proceedings.
- Open Communication: The collaborative divorce process is built on open communication and transparency. All parties work together to identify interests, share information, and negotiate settlements in a respectful manner.
- Focus on Interests: Instead of focusing solely on legal rights and positions, the process emphasizes understanding and addressing the underlying interests and needs of both parties. This can lead to more creative and satisfying solutions.
- Child-Centered Approach: Special attention is given to the well-being of any children involved. The collaborative process often includes child specialists to ensure that the children’s needs and best interests are considered throughout the process.
- Confidentiality: The collaborative process is private, and discussions held during the negotiations are generally not admissible in court if the process breaks down.
The Impact on Children and Families
In the case of any divorce, the end of a relationship or civil partnership can have a negative effect on children that are involved. Usually, it can be distressing for children of any age to see their parents no longer getting along, and it is vital that the parties act in the best interest of those children to minimize the likelihood of any lasting emotional damage.
In order for any divorce to proceed smoothly, an attorney should be used.
Select one who has experience and knowledge in the family law field particularly in dealing with divorce. Remember that you should be able to ask your lawyer about any concerns or issues you may have during the case, and don’t be afraid to make your questions heard.
Obviously, this can be difficult in some cases, and in certain circumstances a peaceful resolution will not be possible. However, for those parties that can come to some kind of amicable agreement, the option of a collaborative divorce may be the best legal option available in terms of an emotional, financial cost. If parties cannot reach a solution together, then the courts will have to get involved, and the parties will no longer have the option to use a collaborative, or a family lawyer in negotiating with each other. The best outcome is for the parties to reach a decision on their divorce rather than having a judge decide.
•• Minella Law Group Can Help ••
It is important to hire an experienced divorce attorney such as Minella Law Group with knowledge and experience to successfully negotiate your divorce. For more information or to schedule an appointment call us at (619) 289-7948. We look forward to helping you.
