A Kinder, Gentler Way To End A Marriage: Collaborative Divorce
When divorce is inevitable and you are both ready to file papers to make it legal, you should know that there is an alternative to traditional divorce proceedings. If you and your spouse are able to discuss issues with mutual respect, you may be able to save time and money by taking part in a collaborative divorce.
Collaborative divorce is a relatively new idea in divorce proceedings. The concept is thought to have originated with New Jersey divorce attorney Curtis J. Romanowski in 1988, but has slowly gained popularity in recent years. Collaborative divorce requires cooperation between you and your spouse. A team is formed to assist with working out your issues which will consist of each of your divorce attorneys. Instead of an adversarial approach, the opposing attorneys work together to resolve issues and avoid taking the case to court. Some couples choose to add other team members, depending on their needs, such as a neutral financial adviser, a child and family therapist, and anyone else that you wish to include. You are in charge of who makes up your team.
The process:
- Full Disclosure: Open and honest disclosure of financial information is vital, with each party providing proof of income and assets through financial statements, deeds, bank accounts, tax returns, etc.
- Conferences: Regular meetings of team members are scheduled to discuss the issues.
- Dispute Resolution: Negotiations concerning spousal support/alimony child custody, property division, debt division and child support are resolved in this step.
- Agreement is Drafted: A legally binding agreement is drafted and filed with the court.
The benefits of a collaborative divorce:
- Less money: Counts cost money, and collaborative divorces usually involve a single appearance before a judge. Attorneys' fees are reduced, since open communication and cooperation means that there is less attorney involvement.
- Less time: Resolving issues ahead of time means fewer court appearances, less time waiting for stretched out court dates and less time dealing with adversarial attorneys.
- Less stressful: Having a team of helping professionals whose goals are fairness, open communication, respect and cooperation means less animosity between the parties. Disputes are resolved with compassion and thoughtfulness instead of acrimony.
Collaborative divorce is an excellent alternative to the costly and time-consuming litigation of traditional divorce proceedings. The agreement forged with both your and your spouse's participation places the emphasis on your own unique situation with less involvement from the judicial system. Contact a divorce attorney like those at the Finke Law Office to see if a collaborative divorce is right for you.