Collaborative divorce is a form of alternative dispute resolution that allows married couples to negotiate the terms of a divorce without participating in a stressful legal battle. The practice is widely used by people who don't want the trouble of going to court but still want to ensure that they receive an equal or fair amount of their previously-shared property and finances.
Why Use This Method?
While some seek this approach for the cost savings, others simply do not wish to spend time in the courtroom. Collaborative divorces are often beneficial to all parties involved because:
- Less money is spent on attorney fees.
- Both parties are able to calmly work out a resolution without feeling at war with one another.
- The setting is informal and more comfortable than that of a courtroom.
- No judge or jury is present to make decisions for anyone.
- There is no pressure to reach a solution within a certain amount of time.
- The divorce tends to be resolved more quickly than court-based disputes.
What Happens in Collaborative Divorce Proceedings?
In a collaborative divorce, both parties generally employ an attorney to monitor the negotiation and give input when necessary. The group will meet as often as necessary to establish a mutual agreement regarding the terms of a divorce. Additionally, you may cover topics such as:
- Establishing the terms of child custody concerns
- Establishing child support payment amounts
- Negotiating a settlement
- Negotiating the division of property
How Do I Schedule a Collaborative Divorce?
To set up a collaborative divorce, the first step is to acknowledge that you would like to pursue a less complicated approach—where the demands and expectations of both parties are heard. The second step is to ensure that your spouse is equally willing to negotiate. Lastly, both parties will want to consult with an attorney with a background of successfully assisting clients using an alternative dispute resolution approach.
If you are a Rhode Island resident and considering a collaborative divorce, contact us today to learn more.