With the spirit of the holidays being about peace on earth and good will towards man, it seems fitting for us to discuss the benefits of collaborative divorce. Far too often divorcing parties become engrossed in defeating their soon-to-be ex and steadfastly defending their positions. This commonly extends to each party’s desire to receive the majority of the marital assets, custody of children, along with financial support.
We find that even though these demands are often well-intentioned, there is a sense of revenge, retribution and intractability that comes with them. Which is why some parties opt for litigation.
Instead of litigation, a growing number of divorcing parties are choosing collaborative divorce. This is an informal, non-adversarial process where the parties (and their attorneys) focus on solutions instead of proving right and wrong. With collaborative divorce, the parties promise to exchange information openly and honestly, and work with other professionals (such as accountants, parenting specialists, and psychologists) to reach amicable agreements.
The collaborative process is noted for its speed and efficiency, since there are no discovery motions, depositions or trials. The parties maintain control of the process (as opposed to the court) and there is far less posturing that can derail a potential accord. Further, the attorneys in the collaborative process promise to withdraw from the case (and not represent the parties in court) if the parties do not reach a solution.
Most importantly, the collaborative process saves parties money that would normally be spent on legal fees. If you believe that this process will be beneficial, an experienced family law attorney can evaluate your situation.
Source: HuffingtonPost.com, Keeping Divorce Costs Down, December 5, 2012