There are 'n' number of causes of divorce that lead to an end to a marriage. One is especially worried about the effects of divorce on children. They are not mature enough to understand the sudden developments in the family and suffer from negative emotions like depression, anger, loneliness as well as get confused. Also, couples fear the financial implications the process will have on them and long legal process. In such a case, couples are now opting for collaborative divorce. This is a non-litigious resolution where both parties along with their respective lawyers reach a mutual consideration.
What is It?
Also called collaborative law, it is the newest divorce form developed in 1990 in the United States. It is an alternative dispute resolution that comes under family law. This method requires lawyers of both parties to agree in assisting their clients to resolve their differences by cooperative techniques, instead of litigation. This is an inter-disciplinary way of getting a divorce. It helps protect the dignity and long-term interest of the family.
In this type of divorce, the couple and their lawyers will have to sign a written agreement. This agreement says, the couple will resolve the matter together in a non-adversarial manner. They will act in the best interest of their children and try to minimize any form of emotional damage on their children. They will maintain an open communication at all times and will have good faith during exchange of information. They will reach a mutually acceptable settlement only after taking into account the good of their family.
How Does It Work?
Collaborative divorce is useful for couples who are having a difference of opinion regarding child custody, property division, spousal support, etc. Not only the lawyers but other professionals like registered clinical counselors, psychologists, child specialists as well as financial consultants work together to negotiate a mutual settlement. The adversarial process is totally eliminated and the divorce is approached through team problem solving methods. This helps create a cooperative environment where the needs of both parties are heard and met. The well-begin of the children is considered as the utmost priority. It helps the entire family get some emotional support and preserve respectful relationships. Also, it is a good way to maintain privacy and confidentiality.
During the process, the spouses and their respected attorneys meet in a neutral set up. This may be a conference room or an office. They begin the negotiations and both the parties as well as their attorneys are encouraged to talk freely and express their concerns in a positive way. There is no third-party involved during the collaborative process. Financial advisers as well as other professionals can be hired to overcome any disputable issues. Soon, the parties are able to reach a settlement and resolve their disputes amicably. A comprehensive written agreement is entered that contains details of the arrangements, as well as the issues related to child support, spousal support, property, visitation rights, etc.
What are the Benefits?
A collaborative divorce is a cooperative process to solve problems and keep people away from family law disputes. According to individual situations, it is comparatively faster and less expensive. As compared to the traditional divorce, this process helps save time and money and reduce the bitterness between the separating parties. It also helps reduce the emotional trauma children may undergo.
One should seek advice of an expert attorney and get their facts cleared. One can save themselves from the pain and bitterness by seeking a divorce. There are many other professionals involved that help counsel the separating couple as well as children. Thus, reducing the trauma and negative implications of the divorce.