Collaborative Divorce

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A divorce is a painful decision for every person who is going through the process of ending a marriage. Divorce can have long-lasting effects on the personal life of an individual, psychology of children and professional career. It can also affect the financial status of the person in an adverse manner. If the process of divorce is a contested one, there is lot of expenses and wastage of time. To avoid these harmful effects, some alternatives for regular dissolution are chosen by the couples. A collaborative divorce is one of the options.

The collaborative divorce can be explained as the dissolution of marriage that is carried out by discussion between partners. It means that the marital issues are resolved by a simple process without involving the court. It is governed by a separate collaborative law which was introduced in the 1980's. When a couple chooses to have a collaborative divorce, it comes under the jurisdiction of this law. A couple has to submit the agreement stating their consent to this procedure of divorce.

The important points of collaborative divorce

In a Collaborative Divorce, the divorcing or separating couple takes the help of the lawyers to negotiate an outcome that is perfect for both. This is a respectful, cooperative and dignified procedure. It is expected that there is a free and voluntary exchange of information along with a pledge not to attend court.

In a Cooperative Divorce Process, the partners do not make use of threatening language. In the presence of their children, they do not speak negatively regarding one another. The partners are committed to reach a resolution that acknowledges the interests of both the parties. It is expected that the partners will disclose the true and clear information about their financial and other conditions. Thus, this divorce process is possible only if the partners agree to these conditions.

Advantages of Collaborative Divorce

  • This is a private process: The process is conducted in the presence of four parties only. That means the discussion is held with the divorcing couples and their lawyers. These lawyers are expected to be neutral throughout the process and they are not allowed to represent any of the parties.

  • There is a non confrontational ambiance: There is comfortable atmosphere provided by the lawyers to help the partners to discuss the things in a comfortable way. There is no need to blame or prove the faults of any party. So, the less mental disturbance for the partners is a benefit of this process.

  • No need of court filings: There is no requirement of filling forms and petitions once the divorce is converted into a collaborative case. The partners have to submit the final agreement only. Thus, court transcripts or hearing are unnecessary in this matter.

  • The control of the process: In a contested process, the ultimate decision of the court is mandatory for the partners. But, in this type of divorce, the control of the final result lies with the partners only

  • The hostilities between the participants lessens: The collaborative divorce helps to reduce the miscommunication between partners. It helps them to build a mutual and understanding relation even after a separation. It is helpful for their children as it lessens the mental problems of the children.

  • Good relations with children: As the partners have a respectful and dignified approach towards one another, the children are presented an exemplary model. The children learn a lifelong lesson how to settle conflicts in a constructive mode. It also helps them to continue the same respect for both parents

  • Development of a parenting plan: In the process of collaborative divorce, the parents are assisted by child specialists to develop a suitable parenting plan which will be favorable for children. Thus, there are chances to obtain what is best for the children

  • Help in planning the life after divorce: Because of the cheaper process and effective results, the collaborative divorce helps the partners to save their money and energy. Thus, they can plan for a life in a better manner even after separating from each other

The procedure for collaborative divorce

As mentioned above, a collaborative divorce process starts once the partners enter into participation agreement. Then, the lawyers and partners try their best to arrive at satisfactory conclusions. Assume that the divorcing partners have hired two lawyers for the collaborative divorce process. Then, the partners have signed a participation agreement that they would not approach court. However, the process fails and they cannot reach a settlement. Further, the divorcing partners decide to go to court. One thing must be remembered that the partners cannot hire the lawyers of the cooperative process for the litigation. They need to find new lawyers.

Hence, a collaborative divorce is the best option for the couples who want to have a simple and hassle-free divorce. Therefore, the cases of this kind of divorce is increasing day by day.

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