Divorce Papers > Collaborative Divorce
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
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.
Here are some topics associated with collaborative divorce:
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