27 February 2016
 Categories: Law, Blog

There are few things that a person can experience in life that are more painful and stressful than a divorce. It can take a toll on you, both emotionally and financially. Although there is really no such thing as a perfect way to get a divorce, one of the easiest, amicable ways for you and your spouse to split is to commit yourself to a collaborative divorce. Throughout the course of this brief primer, you'll learn what collaborative divorce is and what the process entails.

A Definition

Collaborative divorce is exactly what it sounds like: both parties work together to decide on the best terms of the divorce. This is not to say that there are no legalities involved in a collaborative divorce. A family law attorney, divorce attorney, or legal executor must be involved in the proceedings to help agree on the terms of negotiation and iron out the legalities of a divorce. However, litigation does not occur during a collaborative divorce, and the parties do not go to court. If things go south and you wind up not being able to agree on adequate terms of negotiation, neither of the attorneys will be able to represent you in court.

What Happens During The Collaborative Process?

Essentially, the collaboration process is a series of negotiations that aims to meet either (A) both parties' self interests, or, barring that (B) an adequate compromise that both parties can agree upon. If the two parties have children together, or are the legal guardian of children, then it is usually agreed upon that the collaborative process must first and foremost aim to best serve the interests of the children. Fairness is the name of the game, and if one party makes a mistake during the collaborative process, be it a slip of the tongue or incorrectly filling out paperwork, then it is the other party's duty to report it, if it is caught.

Is It Right For You?

If you wish to end your divorce as amicably as possible, and you have no real qualms with your spouse, then a collaborative divorce is right for you. However, if there are legal issues that must be resolved in a court of law, such as issues revolving around custody of children or possession of assets, you do not want to saddle yourself with a collaborative divorce. A collaborative divorce can be a great way to ameliorate issues that might arise during a divorce. Hopefully, this brief primer has introduced you to some salient features of a collaborative divorce. If you have more questions about the collaboration process, contact a trusted family law attorney. To learn more, speak with someone like Baudler, Maus, Forman, Kritzer & Wagner, LLP.