Collaborative Divorce Solutions

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Collaborative divorce is a different way to get legally separated from your partner. It is a process that helps the spouses to decide on the various matters related to divorce peacefully. The collaborative divorce is a separate kind of dissolution that is governed by the collaborative law. The lawyers and attorneys play a vital role in the process. They assist the couple to dissolve the legal matters with mutual understanding. The end result of the discussions is drafted by the lawyers and submitted in the court for further process. Collaborative divorce solutions prove to be a better option for many divorcing couples.

Many people opt for this type of divorce to avoid the negative aspects of a regular divorce procedure. But, before choosing the option of collaborative divorce. it is necessary to know the details of the legal process. The basic condition for a collaborative divorce is that both the partners should agree for the same. The collaborative divorce solutions may work as a good option if both partners choose to go through this type of divorce. Following information may help you to decide whether collaborative divorce is a good option for you or not.

Are Collaborative Divorce Solutions suitable for you?

A collaborative divorce is a viable alternative for a divorcing partner, if and only the divorcing partner has the following intentions in mind:

  • Instead of extending the trauma of divorce, the separation process should end in a swift and painless manner
  • There must be such a process that aims at solutions by means of mutual cooperation instead of an adversarial method
  • One must find a creative solution that fulfills the requirements of both spouses and all members of the family
  • The decisions regarding the parenting plan and financial issues must be made by the divorcing partners themselves instead of relying on the judge
  • It is essential to avoid the possibility of an erratic output in the public court
  • There must be flexibility regarding when and where the divorce topics would be resolved
  • Each divorcing partner must be offered a chance to be heard
  • It is essential to safeguard oneself and one's children from the stress and strain of a lawsuit
  • The divorcing partners must craft a working relation for the life post divorce
  • The legal expenditure must be minimal
  • The divorce must be kept private

Steps to be taken before starting Collaborative Divorce Solutions

  • The divorcing partners must talk with each other about the probability of a collaborative divorce
  • The divorcing partners must research the topic of collaborative divorce using a source like the Internet
  • If positive, each partner must choose a collaborative lawyer
  • The partner must arrange for a conference with the collaborative lawyer. During this conference, the partner must gain knowledge regarding this process from the lawyer. Moreover, the partner can determine if he / she can work together with this lawyer
  • The previous step is repeated till a collaborative lawyer is chosen
  • Once the lawyer is chosen, a partner must disclose every detail of the case to the lawyer. It is essential to work out a specific strategy during the actual discussions
  • Now, a conference must be scheduled that is attended by both divorcing partners and their lawyers. During this conference, the essential steps are taken to find a solution

Comparison between Divorce Lawsuit and Collaborative Divorce Solution

Criteria Lawsuit Collaborative Solution
Solution Standard Creative
Autonomy Absent, the court system makes
final decisions regarding various
Present, the spouses speak with
each other and craft solutions
Certainty of result Less More
Resolution of personal needs One partner wins, other looses Both partners win
Schedule Rigid Flexible
Chances given to be heard Limited Several
Stress Considerable Less
Working Relation Adversarial Cooperative
Expenses Unpredictable Predictable
Exposure Public Private
Popularity Reducing Enhancing

Treatment meted to children in a Collaborative Divorce Solution

  • Mental Health Experts, who are termed as divorce coaches, assist the divorcing parents to develop a co-parenting arrangement setting their personal differences aside
  • CCollaborative practice is very supportive and kind towards the children and intends to lessen the emotional harm towards the children who are going through a tough transition
  • The neutral child specialist offers the children a secure location to speak regarding the modifications that are taking place within the family

Thus, the collaborative divorce is the best way to achieve a better and favorable result. However, there are some situations under which a collaborative agreement may not be entered. Such conditions are as follows:

  • Domestic violence
  • Adultery
  • Desertion by the partner

A partner may opt for a collaborative procedure if the divorce is to be taken on these grounds. Such divorce case shall be treated as a regular contested dissolution to ensure justice to the spouse. A collaborative divorce forms a better option for people who wish for a less time consuming and stress-free divorce.

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