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Is a Collaborative Divorce Right for Me?

Is a Collaborative Divorce Right for Me?

Divorce litigation is often an inherently hostile process that is not only more stressful, but also more costly and time-consuming. For couples who are open to negotiation and compromise, collaborative divorce provides an approach that has many benefits, including a faster resolution and smaller price tag. If you and your spouse are willing to settle your divorce outside of court, a collaborative divorce could be your best option to achieve a settlement that speaks to both of your needs and goals. In some cases, courts even make it mandatory for divorcing spouses to seek a collaborative divorce or mediation prior to litigation.

The Benefits of Choosing a Collaborative Divorce

When both spouses are willing to cooperate, they can reap numerous benefits from the collaborative divorce process. Some of the benefits this approach provides includes:

  • Gives both parties the power to work on a mutually agreeable settlement
  • Costs less than litigation
  • Takes less time to achieve a resolution
  • Allows both parties to determine how post-settlement disputes will be handled
  • Sessions occur in an informal setting
  • There is generally an honest and informal exchange of information

A Brief Overview of the Process

Much like you would with any other divorce, you and your spouse should hire your own respective attorneys. However, since you are choosing the collaborative divorce approach, you should choose an attorney who is experienced in this method and has an understanding of the negotiation process. An attorney who is only experienced in divorce litigation will not be effective or supportive in guiding you through your sessions. You and your spouse will also have the opportunity to meet with your attorneys privately, in addition to your negotiation sessions. It is important that you let your attorney know which items you want and which items you are willing to compromise or part with.

You, your spouse, and your attorneys will then meet for a number of sessions. Additionally, other professionals, such as accountants, might be brought in to help settle your case. The professionals, unlike your respective attorneys, will be unbiased and neutral. In the event that you cannot agree on all key issues during your sessions, both attorneys will have to withdraw from the case if you end up going through litigation, since they will both have to sign a “no court” agreement at the start of your meetings.

For spouses who believe they can achieve a resolution through this approach should absolutely opt for a collaborative divorce instead of divorce litigation.

Hire an Experienced Collaborative Divorce Attorney!

If you wish to dissolve your marriage through more amicable means, consider a collaborative divorce. At Mitchell & West LLC, our family law attorneys are experienced in handling collaborative divorces and extremely skilled in helping clients settle even the most complicated disputes through negotiations. You do not have to go through divorce litigation to achieve a resolution for your case. Let us help you reduce your stress and save you money.

Contact our law office today at (305) 783-3301 to schedule a consultation with one of our attorneys and learn more about the collaborative divorce process and why it might be right for your circumstances.