When the time comes to file for divorce you need to have a plan in place for how you will move forward. It’s important to have the conversation with your spouse when both of you have plenty of time to talk. This is not a conversation that you rush to get through, even though it will be one of the more difficult ones you will have in your life. There are couples that cannot find common ground when going through a divorce, but the majority of divorcing couples will be able to agree on the division of property, assets, child custody, alimony and other important factors that go into a divorce agreement. Not every divorce has to wind up in court. That’s where the collaborative approach to divorce can come into play.
Defining Collaborative Divorce
Collaborative divorce is an option for divorcing couples to resolve their arguments outside of court by entering into negotiations with each other. The court in your area might force you and your spouse to attend mediation or other negotiation meetings as part of your divorce process. Despite this, collaborative divorce requires both spouses to be on the same page with this method. If one of you is not, then collaborative divorce will not work.
Why Should You Use Collaborative Divorce?
Some of the most beneficial reasons to use the collaborative divorce method include the following:
- Save time
- Save money on court fees
- Negotiations occur in an informal setting
- Negotiate an ending that works for both parties
- You decide how disputes that come after settlement will be handled
- Ability to honestly, openly, and freely exchange ideas and information
The Steps to a Collaborative Divorce
The steps to a collaborative divorce are as follows:
- Each spouse hires their own attorney. Make sure you hire one who supports using mediation and negotiation to reach a settlement.
- Have a private meeting with your attorney before meeting with your spouse and their attorney. Tell your attorney your exact wishes, but also have an understanding that you will need to compromise at times.
- Hold multiple meetings with your attorney, your spouse, and your spouse’s attorney. Your meetings could also include accountants, financial planners, and child custody specialists. All of these professionals should be neutral to the issues at hand and not have a bias towards either you or your spouse.
- A licensed mediator might be necessary if the two of you are still having trouble reaching an agreement.
- Once an agreement is reached, you and your spouse will contact a family law court in your area to file your settlement agreement and other divorce paperwork. Because you took the collaborative route, the filing of the paperwork will be the last step in the process and it will be uncontested.
Call an Experienced Divorce Attorney Today
Have you exhausted all options to save your marriage? Are you ready to start the divorce process in Florida? When you come to the realization that your marriage cannot be saved it is time to call an experienced Coral Gables divorce attorney from the office of Carolan Family Law Firm, PA. Call the office at (305) 358-2330 or schedule an appointment online at the date and time most convenient for you.