Many divorcing couples will admit that they delayed filing for divorce because either the whole process seemed too complicated or they were worried it would cause too much conflict. This is an understandable, yet often unfortunate decision, because no one really benefits from staying in an unhappy marriage. To divorce with as little complexities, delays, and fights as possible, an alternative might be necessary.
Collaborative divorce represents an agreeable middle ground between fighting tooth-and-nail for what you want out of your divorce and walking away without fighting at all. Within collaborative divorce, both spouses hire a specially-trained collaborative divorce attorney and agree to attempt to reach an amicable solution. There will be one or a series of out-of-court meetings with all four parties: each spouse and each attorney. In many situations, spouses choose not to do much talking during collaborative divorce, and instead leave most of it up to the lawyers to sort out.
When collaboration succeeds, the following benefits can be enjoyed:
- Collaborative divorce generally concludes in much less time compared to a contested divorce.
- Total legal fees and court costs are greatly reduced in a collaborative divorce, as costs increase tremendously when the divorce is contested and requires frequent court hearings and trials.
- Spouses using collaborative divorce often report reduced stress, anxiety, and anger throughout the process – divorce is always going to be stressful to some degree.
- Collaborative divorce also allows the client to have more control over the process, as it removes the ultimate authority of a family law court judge.
Once again, it is crucial to recognize that collaborative divorce needs cooperation to succeed. If a spouse begins collaboration without the genuine intent to think about what is fair, the process is going to be rough and delayed. Indeed, if collaboration fails, both spouses may need to hire a new divorce attorney, as collaborative divorce lawyers often excuse themselves from the process in order to avoid any potential conflicts of interests during the impending litigation.
COLLABORATIVE DIVORCE IN CHARLOTTE
At Collins Family & Elder Law Group Group, we are