Divorce can be a stressful and painful experience not only for the people involved in getting a divorce, but also the entirety of the family as well. It can especially put a lot of undue strain on any children who happened to be mixed up in the middle of the fray. People tend to view divorce as a struggle, as a phenomenon that puts two adversaries up against one another. However, divorce need not necessarily be that way. One alternative is a collaborative divorce. Learn more about this topic and if it is right for you and your former partner here.
What Is Collaborative Divorce?
Collaborative divorce is what it sounds like: it is a type of divorce proceeding where both parties collaborate rather than working as nemeses against one another, each one trying to one up the other for a bigger piece of the pie.
Essentially, in a collaborative divorce proceeding, both parties and their respective legal executors or teams agree to negotiate, rather than have things come down to strict matters of litigation. In fact, both parties in a collaborative divorce must agree that absolutely no litigation will occur during the course of their divorce. All parties enter into a participation agreement, which basically states if the collaborative effort fails, both lawyers must bow out and will not participate in the litigation proceedings.
What Are The Salient Features Of The Participating Agreement?
There are several facets of a collaborative divorce that distinguish it from forms of divorce that come down to legal proceedings. First and foremost, interest based negotiation tactics will be used by both parties. This means that a sort of middle ground will tried to be reached by both parties that will attempt to serve both of their interest, or their interests will be met halfway.
Both parties must agree to allow their lawyers help to best serve their interests. If the parties are parents to children, it must be agreed that, first and foremost, the interest of their children should trump their own self-interests.
All communication must necessarily be fair, and if one party commits some sort of error, the other party must help to resolve this error and not strive to take advantage of it. Both parties may receive advice from neutral experts, who may be maintained throughout the course of the negotiation.
Is A Collaborative Divorce Right For You?
Admittedly, a collaborative divorce is not for everyone. If both parties go into a divorce with certain bones to pick with the other party, particularly over who should receive any property that is owned by both parties, then a collaborative divorce will probably not work out, and the proceedings will most likely turn into litigation, anyway.
Collaborative divorce is mainly right for people who know how they wish to divide their property and belongings and may need a bit of legal expertise thrown into the mix for good measure. Although most people want what is best for their children during the course of a divorce, a collaborative divorce actually sets the stage and provides legal precedent to allow a couple's children to flourish to the best of their ability. If you are a person who has no or few qualms over property, is not engaged in a domestic assault dispute and want what is best for your children, a collaborative divorce is probably the best choice for you.
A collaborative divorce is best for people who want to end their marriage on a mature note and want what is best for their children. If this sounds like something of which you are capable, then a collaborative divorce is the choice for you.
