Working together with a former partner toward a divorce settlement may seem counterproductive – after all, communication is typically already a primary issue for clashing couples. However, for feuding families, collaborative divorce often motivates quite the contrary response. In many cases, it helps open doors to reveal hidden resolutions.
Are you considering hiring a divorce attorney? Read on to learn how you can benefit from collaborative divorce.
What is Collaborative Divorce?
The collaborative divorce process encourages couples to work with and not against each other. Third parties, whether neutral mediators or separately retained divorce lawyers, act as a team. The goal is for this team to agree on a mutually beneficial arrangement.
Often, the process levies less emotional stress on the divorcees, and typically results in a more favorable settlement for both parties. The hope is to avoid lengthy litigation altogether. Ultimately, the agreement is finalized by a family court judge.
Types of Collaborative Divorce
Depending on the position of each party, there may be more than one means to collaborative divorce. The following are two common collaborative divorce routes:
Dual Collaborative Divorce Attorneys
A Divorce Mediator
Dual divorce attorneys are two lawyers retained separately by each partner. Either attorney will have bias toward his or her own client.
Neither lawyer is responsible for the opposing counsels’ client’s best interest; however, both attorneys agree to work together with the opposing counsel to come to a pretrial agreement that optimistically avoids litigation.
While dual attorneys are a form of mediated divorce, a divorce mediator characterizes a different type of collaboration. A divorce mediator is one person retained together by the separating party as an advocate for both individuals.
The mediator is not designated to represent either party individually in court; he or she acts only as the couple’s negotiator and as an alternative to litigation. The meditator must consent in writing that he or she has no bias against either party prior to the mediation.
Who Benefits from Collaborative Divorce?
There are many reasons why two spouses may benefit from collaborative divorce. Commonly, couples with children are prime candidates. Child custody, child support, and other arrangements can often be made with two-sided effort – without dragging children through a malicious, muddy trial.
Collaborative divorce puts control of the final provisions in the couple’s hands. In court, however, both parties are subject to the exact terms of Florida family law and other restrictions.
In addition, those who are looking to save time and money can do so by avoiding inconvenient court schedules and potentially thousands in fees.
It’s important to note that collaborative divorce isn’t a cure-all for poor communication. When settling on collaborative divorce, both parties acknowledge that the case may go to trial if they cannot reach an agreement. A legal professional will help you explore your options to find out if a collaborative divorce is right for you.
Contact Dean G. Tsourakis today to find out more on the benefits of collaborative divorce or to schedule a free consultation.on Jul 1, 2014