Do you and your spouse want to get a divorce and are willing to work together on it? If so, you'll likely want to get a collaborative divorce. Here are four things to know about this type of divorce proceeding when both parties are in agreement about many things.
A collaborative divorce is going to have different rules about how divorce will work. You'll sign a contract that defines how the divorce works so that it is clear to both sides about what the expectations are. You'll be agreeing to the dates to hold the few meetings that are required that talk about very specific issues. For example, the first meeting may be just to discuss temporary relief issues that will help both spouses get by during the divorce proceedings.
The Decision Not To Go To Court
What makes a collaborative divorce unique is that each person agrees to not take the case to court. If something were to happen where collaborative divorce is not working and you need to go to court to settle an issue, you are not allowed to take your lawyer with you through the courtroom process. This helps ensure that a final deal is made during mediation, and if it does go to court, that legal costs will be significantly reduced. Not having legal help during a trial is one of the reasons why collaborative divorces are so successful since people do not want to have to go through the process alone.
The Use Of Neutral Professionals
Each person will have their own lawyer to help them through their own process in a collaborative divorce, but anyone else that is brought in is supposed to be a neutral professional. This means that you don't hire additional people on each side of the divorce and double the costs of these experts. For example, if you need to bring on an accountant to help with the divorce, both sides do not need their own accountant. You will have agreed to use a neutral professional, so you can both use the same accountant and share the expense.
It is common for a collaborative divorce to use a facilitator to help guide the meetings. They may have a mental health background as well since divorce proceedings are highly emotional and you often need a professional that can help at the mental health levels to help things move along smoothly. This person is another neutral professional designed to help move things along and speed up the process.
For more information on divorce, reach out to someone like Edward Testino LLC.Share