Lexington, KY- If divorce was always an easy and pleasant process, so it’s no surprise couples want a more peaceful process. Luckily, for these couples there is an alternative to a nasty battle over child custody or how to divide the marital home and a couples assets its called collaborative divorce and Today says its a great alternative to a costly divorce.
Collaborative divorce is not for every couple but it does work for some. So what it a collaborative divorce? Is it more costly than a traditional divorce? What is the difference between the two?
For a collaborative divorce, you still need the assistance of a divorce attorney, but the goal of the process is to come up with a divorce settlement in the most peaceful means possible. Collaborative divorce is somewhere between mediation and traditional divorce. As part of the process, both spouses and their respective attorneys enter into a “Participation Agreement.”
Under the “Participation Agreement” all parties agree to come to a mutual decision on the final divorce settlement. Consider it a formal agreement to come up with a divorce settlement without adversary by using negotiation. All parties agree not to exploit and mistakes or missteps made by an opposing spouse, and all communication between the couple must remain civil, absent of destructive comments and actions.
Issues of child custody must be decided with best interest of a couple’s child or children and divorce proceedings should be allowed to cause a child distress. Living arrangements and other aspects of a child’s life are not to be disrupted during the negotiation stage of a collaborative divorce. A couple must also agree to not make any drastic changes to their finances, insurance coverage or financial assets while the process is ongoing.
The key point of a collaborative divorce is to allow an attorney to manage the conflict between the couple and help them deal with the emotional issues as they arise. This is a type of divorce that works best for couples who have time to dedicate to the process. Couples generally have to attend regular meetings with their attorney and estranged spouse.
One of the drawbacks is that if collaborative divorce doesn’t work the divorcing couple must go through the traditional process. They must also retain new divorce or family law attorneys to work on their traditional divorce as the “Participation Agreement” dictates.
As for cost, a collaborative divorce is generally less expensive than taking your case to divorce of family court, but no legal process is cheap. The savings of a collaborative divorce may be in the lack of anger or acrimony caused by the process.
Speak with a divorce attorney serving Kentucky today, collaborative divorce isn’t right for all couples, and the sooner you speak to an attorney the sooner you will know what to expect from your divorce. Fact is some couples can’t cooperate and can’t mutually agree on anything, so they certainly aren’t able to “collaborate” on their divorce.
No attorney or process is going to change the fact that divorce is hard on everyone involved, but with the right divorce attorney on your case, your divorce can go more smoothly.