Is There an Easier Way To Do Divorce?
When two people reach an impasse and decide they will not be able to get over their differences for one reason or another, they may decide that the only way to move forward is to file for a divorce, ending the marriage.
Divorce is not easy. It is an expensive, emotionally draining legal process. This process is made much easier for both parties when you choose to work together. You and your spouse will need to work together, working on compromises and agreements, which will be difficult in its own right.
There are many different ways to dissolve a marriage. Which way is the right one for you?
What Are the Different Types of Divorce?
You may be surprised to learn that not all divorces are the same. While they all result in the same outcome, the dissolution of your marriage, the process differs greatly.
Traditional divorce often involves litigation, where you and your spouse appear before a divorce court. The judge will make decisions regarding the outcome of the divorce, such as the division of property, spousal support, child custody, and child support. This method of divorce is usually for two parties who can not agree on the terms of the divorce and need an authority to determine the fairest way for these two parties to separate.
If you and your spouse would like to avoid litigation, there are other avenues available for you. An uncontested divorce means that you and your spouse were able to come up with an agreement that is fair and doesn’t favor one of the other. Uncontested divorces have the added benefit of moving through the legal system faster than a contested divorce because you don’t need a judge to decide for you. It is often cheaper than going through a contested divorce and requires less time in court, which ultimately means less time away from work and family.
Another route that you and your spouse can check out involves help from legal professionals who all agree not to pursue litigation. This can be either in the form of mediation or a collaborative divorce. Because you and your spouse, as well as the attorneys involved, agree not to litigate, it means things are settled without the intervention of the divorce court. Should you or your spouse change your mind and decide to pursue litigation, you and your spouse will need to find different counsel, as the agreement not to litigate made by your attorneys can not be broken.
What is a Collaborative Divorce?
A collaborative divorce is a route taken by individuals who are not looking to “win” their divorce. Instead, these individuals simply want to end their marriage but may need a little help from someone who understands the legal process.
The biggest thing that separates a collaborative divorce from mediation or a traditional divorce is that both you, your spouse, and the attorneys that represent you and your spouse agree not to litigate.
A collaborative divorce requires both spouses to focus on cooperating to reach a mutually beneficial agreement. The collaboration will include you and your spouse, plus both of your attorneys. It can also involve the assistance of a divorce coach, financial specialist, and child specialist. When you work with these professionals while attending mediation sessions, you will discuss and negotiate the terms of your divorce.
What Are the Benefits of a Collaborative Divorce?
When you and your spouse decide to go with a collaborative divorce and avoid the court process to resolve the issues of your divorce, you can rest assured knowing that your divorce is being heard instead of a judge plugging your information and data into a metric to make a decision. You and your former spouse can walk away from your divorce knowing you both worked together, resulting in less anger and stress.
If you have children together, the collaborative approach means their lives will be impacted less by the drama that can arise in divorce court. They will be exposed to less arguing and will see that their parents are working together for a better outcome for everyone involved.
A collaborative divorce can result in less emotional suffering, less stress, and less conflict. It will save you and your soon-to-be former spouse money and time. A collaborative approach encourages honesty and the free exchange of information, meaning both parties will be more likely to offer up all relevant information.
Do You Need a Lawyer For a Collaborative Divorce?
A collaborative divorce relies heavily on you and your spouse’s willingness to work together, as well as the input of professionals to assist in the divorce process. You will need an attorney to work with you and ensure that all parties are playing fair and that no one is using a collaborative divorce as a method of deception.
Call 240-616-6968 to schedule your consultation with an experienced attorney who cares about ensuring the best, fairest outcome for you and your family.