In the effort of avoiding divorce court, many couples and their attorneys choose mediation as a means of getting through the negotiations and coming up with an agreement that can be successfully presented to the court for approval.
Another option for amicable couples is collaborative divorce and going through the process with the aid of a collaborative divorce law firm.
While it has many similarities to mediation, collaborative divorce is also very different.
For spouses who are still on good terms and have issues like child custody, property settlements, and other negotiations to make, collaboration could be an even better choice than mediation.
How Does Collaborative Divorce Work?
Collaborative divorce involves both spouses, each with their collaborative divorce attorneys, meeting on a regular schedule to work their way through the negotiations necessary for the couple to finalize a divorce.
In this case, the goal is to analyze each spouse’s personal position in the relationship currently and post-divorce, then make decisions that reflect what is in the best interest of each spouse.
This differs from mediation in that mediation is done with spouses separated, their lawyers working toward negotiating the best deal for them in the decision-making process, with a neutral mediator acting as a communicator between the parties.
Collaborative Can Be More Productive
Based on this premise, divorce agreements negotiated in a group setting that includes both spouses and their respective collaborative divorce lawyers can be more productive, especially when there are children involved.
Active discussion and brainstorming are easier to conduct this way as long as the ultimate goal remains to make decisions according to what is in each spouse’s best interest, and in the best interest of their children.
Spouses Must First Trust Each Other For It To Work
Naturally, for this type of divorce proceeding to be successful, spouses must go into these talks with enough trust in each other in spite of their differences that they are willing to work together, unselfishly.
But collaborative divorce law firms do find that among spouses who can remain civil with each other and stay friends through and beyond the negotiations process, discussion with collaborative divorce lawyers in attendance can work very well.
Let's Add This All Up
Spouses who are still friends even if they may not be able to stay married may find the collaborative divorce process to be a beneficial option for legally ending a marriage. Couples wondering whether they are suitable candidates should each discuss their unique circumstances with a collaborative divorce attorney who can advise them on the process, and whether it might be a good choice for them.