Helping You Resolve Difficult Issues In Family Law

Is a collaborative divorce right for my family?

On Behalf of | Oct 5, 2018 | Collaborative Divorce

Every year, numerous couples in Arizona choose to end their marriages. When they do, they have to figure out the best way to go about it. Traditional divorce is not for everyone. There are those who want to avoid the drama of a courtroom or avoid meeting with a mediator. For those individuals, collaborative divorce may be the way to go.

How is collaborative divorce different from other divorce methods? Is it really possible to achieve a fair divorce settlement this way, even if there are complex issues at play? What are the benefits of going this route?

Collaborative divorce is…

If you choose to try the collaborative divorce method, you, your spouse and your respective attorneys all agree to work toward a settlement agreement without setting foot in a courtroom. You will actually sign a contract stating the intent to keep the matter out of court. Then, the real work can begin.

Just like other divorce processes, there is a need for you and your spouse to share information. It requires handing over asset documentation and supplying information about what each of you expects out of the divorce. After sharing information, negotiations can start. The number of negotiation sessions required to reach an agreement will be different for every couple.

When there are complex issues, it may seem like this method may not work but it can. Remember, legal counsel will be present during your negotiation sessions to walk you through the complex problems and help you find solutions.

Benefits of the process

The benefits of collaborative divorce are many. Some of them being:

  • Saves money
  • Saves time
  • Meetings are informal
  • Gives each party a voice

This divorce method can work in most cases, it just requires each party being willing to participate and negotiate. Neither spouse should use it as an opportunity to walk over the other party. For this reason, it is not advised to utilize this method if domestic violence is a problem in your marriage.

What happens if we cannot reach a settlement?

If negations prove fruitless, it is possible to dissolve the collaborative agreement and move the case to court. One’s legal counsel can give information on how to do this.

At the end of the day, there is no right or wrong way to get through the divorce process. You have to do what you feel is best for your family. Collaborative divorce is just one option for individuals who wish to keep the courts out of their business and keep their final settlements private.