Benefits of the Collaborative Divorce Process

Collaborative Divorce Team

If you are getting divorced then you and your spouse probably do not communicate well.  One of the benefits of the collaborative divorce process is that non-adversarial communication is facilitated by a specially trained team of professionals.   The professional team includes an attorney for each party, a neutral financial professional and a counselor.  The job of the attorneys is the same as in an adversarial divorce, which is to effectively advocate their client’s position.  The financial professional’s job is to provide an unbiased evaluation of the issues related to property division, alimony, and child support.  The counselor guides the team by helping to prevent communication from becoming adversarial or hostile.  The collaborative divorce team helps to diffuse conflict in an already tense situation, while at the same time allowing you to resolve issues related to the division of marital property, spousal support and parenting issues.  Call 407-542-7800 now and talk to one of our attorneys about your collaborative divorce team.

The Collaborative Divorce Process

The collaborative process provides a framework for making decisions about dividing marital property and, when children are involved, parenting issues.  The benefit of collaborative divorce framework is that its structure guides the divorce process in an orderly manner, which reduces the cost of the divorce.   The collaborative divorce process is completely outside of the courtroom.  Another benefit of getting a collaborative divorce is that most of your private financial and family matters will not become a part of the public record.  Once agreements are made, the legal part of divorce is simple—collaborative divorces do not require a couple to go to court and partake in hearings, interrogatories, or other types of adversarial discovery procedures.  The process of a collaborative divorce is easier on all parties involved, including the children.  Studies show that parents who decide to engage in a collaborative divorce are more likely to adhere to their child custody and child support agreements.  Call 407-542-7800 now and talk to one of our attorneys about the collaborative divorce process.

Collaborative Divorce vs. Mediation

Mediators may be utilized by couples who need assistance with reaching an agreement.  Couples who have differing points of view regarding a handful of divorce issues, but believe they can agree on a majority of divorce matters, may wish to seek a mediator’s assistance.   The cost of mediation may seem less than the cost of a collaborative divorce.  However, aside from confidentiality, the parties do not receive any of the safeguards or benefits of the collaborative process.  There is no professional team to help the parties overcome differences or to create solutions to issues, which may arise.   Mediators can not advocate on behalf of or give legal advice to either party.  And, most mediators are not trained financial professionals.  Furthermore,  if mediation fails and you proceed with an adversarial divorce then your expenses may be significantly higher than a collaborative divorce.  Call 407-542-7800 to talk to an attorney about whether you should choose mediation over the collaborative divorce process.

Are collaborative divorces right for everyone?

Collaborative divorces are not necessarily for couples who can successfully resolve every issue related to divorce.  Couples can choose to hire a specially trained collaborative divorce attorney who can advise and assist couples in the negotiation process.  Spouses can also choose to meet with their own lawyers and the rest of the professional team to resolve their issues related to marital property, alimony, child support, and time-sharing with their children.  The need for other specialists, such as child custody experts and accountants, will be evaluated on a case by case basis.  Once couples reach an agreement, the attorneys will bring the matter before a judge so that the Court can enter a final judgment of dissolution.  Collaborative divorces are often less expensive and quicker than adversarial divorces, in which the parties must ask a judge to decide the issues related to property, support, and visitation.  Call 407-542-7800 to talk to an attorney and determine whether a collaborative divorce is right for you.