There are alternate types of dispute settlement that might help you and your husband conclude your divorce with a lot less stress than fighting it out in court. One of these techniques is collaborative divorce, which has a number of benefits as long as both parties can come to an amicable agreement while negotiating a settlement. This leads to a more peaceful outcome, which can be especially helpful when there are kids involved.
Collaborative divorce: What Is It?
An original and rising in popularity method of divorce is collaborative divorce. Instead of attacking your spouse and “winning” at all costs, this divorce process, which entails dividing assets and deciding child custody, emphasizes cooperating together to address problems in a respectful environment.
In a collaborative divorce, both parties sign a “no court” agreement and agree to cooperate in creating a divorce settlement that they can both agree on. The procedure is facilitated by the Peoria divorce lawyers that each spouse hires on their own.
What Is the Process for Collaborative Divorce?
The collaborative divorce procedure starts with a discussion between the separating spouses to try and ensure that both are ready to bargain and cooperate in the procedure. A collaborative divorce won’t succeed if either party is reluctant to engage.
The next stage is for both partners to retain legal counsel. It’s crucial that you find an attorney who has experience in collaborative divorce and is open to using mediation or other forms of ADR as opposed to someone who prefers to go to court and have the judge settle your unsolved issues.
The next step is to have a private consultation with your lawyer to go over your divorce goals. Included in your discussion should be how you would want to separate your debt and property, how you want to manage minor children’s custody, visiting, and support arrangements, and whether either spouse would like to continue to assist the other following the divorce.
Additionally, you and your lawyer should start putting together your collaborative divorce team, which will include a divorce counselor, a financial specialist, and a kid specialist. These experts will collaborate with both your spouse and you, making them joint specialists. If you have young children, you might not require all three categories of specialists, but you will almost certainly have a kid specialist at the very least.
Is Collaborative Divorce the Right Option for Us?
Depending on how each spouse feels about the procedure, how willing they are to compromise, and how well they can work jointly, a collaborative divorce may be the best option for you. You’ll probably need to file for a disputed divorce, which often emphasizes what every spouse is eligible to under state law if you and your spouse have a previous history of domestic violence or are not able to speak.
However, using the collaborative process may help you save time and money if you are both prepared to put aside your disagreements and go through your divorce in a sensible manner.