50% of all marriages end in divorce. For those involved in a divorce, you can follow one of two processes: a traditional divorce or a collaborative divorce.
A traditional divorce involves filing a lawsuit, filing pleadings, conducting discovery, attending court hearings, and testifying under oath on the witness stand.
The attorney fees incurred in a traditional divorce depend on the degree or lack of cooperation between the parties and their attorneys. In other words, the more you fight, the more you pay. Another downside to a traditional divorce is that the court process almost always results in more conflict between the parties, hurt feelings, and public display of bluster. At Your Family Matters, P.A., we believe that family law matters should be addressed by all parties involved, including children.
What is Collaborative Divorce?
A collaborative divorce is a new approach that is gaining popularity across the country and is being successfully used by divorcing couples to resolve all types of family law matters. Instead of engaging in an adversarial legal process, the parties sign a pledge agreeing that no court action will be initiated.
By choosing a collaborative divorce, both parties and their attorneys seek to resolve the conflict through cooperative methods and respectful negotiation. The collaborative process seeks to minimize the transaction costs associated with divorce and reduce the level of hostility and ill-will between the parties.
How Collaborative Divorce Works
When a couple decides on a collaborative divorce, they sign a written agreement with their lawyers without going to court. This is known as a Pledge. As part of this agreement, both parties agreed that if no settlement was reached, the attorneys would withdraw from the lawsuit and not participate in any subsequent litigation.
In addition, certain commitments are included to maintain the core values of the Collaborative Divorce philosophy. These commitments help create a clear message of a collaborative approach and are set to ensure that any part loses sight of what is really important – respect for each other and securing the best possible future for all children involved.
With the help of your lawyer, both parties can amicably negotiate and agree on matters including:
- Child custody.
- Alimony and post-separation support.
- Assets distribution.
Once all aspects of the relationship have been resolved, the couple involved will sign an agreement and the divorce will be finalized.
Is Collaborative Divorce The Right Approach?
It is important to note that collaborative divorce is not for every couple. For the process to be effective, both parties must be willing to maintain open communication. In some divorce cases, this may be impossible. However, in cases where cooperation is used, settlement is often much faster and cheaper.
Filing for divorce can be a very unpleasant experience. The consequences of decisions made during the process affect each person involved for the rest of their lives. If you find yourself in this position, make sure you consider all your options before deciding which route to take – traditional or collaborative.
Want To Know More About It?
If you live in Sarasota, Florida, and are looking for a family law attorney who can help explain the partnership law process in more detail, contact us by filling out our contact form or calling (941) 275-2785. We will make sure to provide you with the necessary education you need to decide whether collaborative family law is right for you.