How Collaborative Divorce Works

Many divorces are highly contentious, especially if you and your spouse have significant irreconcilable differences and are on the verge of not speaking to each other. However, there are many divorce situations where the two parties are somewhat amicable and can come to the table to sort out many of the issues related to the split. In this case, it may be in everyone’s best interest to pursue what’s called a “collaborative divorce”.

What is a ‘Collaborative Divorce’ ?

In simple terms, collaborative divorce is a process that focuses on meditation and negotiations to settle a divorce rather than through ongoing litigation inside a courtroom. In some cases, the court will mandate that couples seek this process first before attempting to start any litigation. This process only works if both spouses are willing to come to the table to negotiate.

What Are the Benefits?

A collaborative divorce can significantly expedite the negotiations and finality of the divorce while potentially keeping costs down for everyone involved due to this expediency. It also allows for a more fruitful exchange of ideas and agreements, which may end up making the compromise of both parties easier to handle. It also makes getting a result you can live with more probable.

Collaborative divorces can also include other specialists and experts (like child-related professionals and financial liaisons) in a more informal matter since the process is being kept out of the courts. These experts are typically party-neutral and will work to find an equitable remedy to any outstanding issues. 

In most cases, both parties and their attorneys will sign a “no court” agreement, which stipulates that if the case does head for litigation, both attorneys will withdraw from the case. This also helps keep it in everyone’s interest to settle all matters out of court. 

 

For couples who can find their way to the negotiating table, a collaborative divorce can be a good option to resolve a divorce. The team at The Law Offices of Rusty Williard can help lead these negotiations in a professional and fruitful manner. Call us today at (601) 824-9797 to learn more and schedule a free consultation.