Poughkeepsie, NY- When some couples divorce, they are looking for an alternative to an ugly break up replete with fights over money, property, and the children. If you want a less acrimonious approach to your dissolution, a collaborative divorce may be the alternative you and your estranged spouse are looking for, but you need to know how it works. USAttorneys’ divorce lawyers will explain how collaborative divorce works and what it may be the better means for you and your spouse.
Collaborative divorce is a process through which you and your soon to be ex-wife or ex-husband settle all the important issues like asset division and child custody through a series of negotiations. The point of the process is to guide a couple to a peaceful resolution devoid of the emotional turmoil and fights common with divorce. Collaborative divorce is similar to mediation, but there are some distinctions.Speak with a divorce lawyer in Duchess County, New York to learn the best method of dissolution for you and your estranged spouse.
If you choose collaborative divorce in Poughkeepsie, you and your former spouse must enter into a “Participation Agreement.” This agreement states that both parties agree they will come to a mutual decision on issues like child custody and spousal support to come to a final agreement. A “Participation Agreement” is a sort of contract in which you and your spouse agree to be non-adversarial throughout the divorce negotiation process and refrain from using each other’s mistakes to leverage a better settlement. In a collaborative divorce, both spouses agree to keep all communications civil and avoid combative or detrimental comments or actions.
When a couple agrees to a collaborative divorce, they must meet to discuss and work through their issues, often several times. Each is allowed to have a divorce attorney through negotiations, but if they are unsuccessful, their attorneys must agree to withdraw from the case. A couple must also keep from making any drastic changes to their finances and other financial assets.
In regards to child custody, the primary goal of collaborative divorce (or any other method for that matter) is to decide what is in the best interest of a couple’s child or children and ensure that divorce proceedings don’t adversely affect them. During the process, a couple must not disrupt a child’s living arrangements.
The primary objective of a collaborative divorce is to give a couple the opportunity to resolve their conflicts without fighting or drawn out court battles. Collaborative divorce attorneys and the overseeing mediator are there to manage any conflicts that may arise and overcome any emotionally-wrought issues.
Collaborative divorce can be work and can take months to resolve. Couples often have to meet on many occasions to resolve disputes and that can become emotionally taxing. What’s more, if they cannot come to an agreement, they will start all over again and begin the traditional divorce process. On the upside, collaborative divorce can be less expensive than other methods of dissolution.
If you are thinking about collaborative divorce, USAttorneys can help you get the legal help you need. We have a devoted and expert team of divorce lawyers in Poughkeepsie and Duchess County who will advise on the best way to finalize your divorce.