What are Reasons to Choose Collaborative Divorce?
Divorce is never easy, but not all cases have to end in a bitter courtroom battle. Collaborative law allows for a form of dispute resolution in which the parties involved come to an agreement on the different terms of the divorce. Throughout the collaborative process, the attorneys for both sides will negotiate with each other, and this results in 90 percent of cases being settled before they ever see a courtroom.
If an agreement is not reached, the attorneys that represented the spouses during the collaborative divorce are barred from representing that same client during litigation. As such, both sides remain extremely focused on compromise and reaching an agreement. If you are getting a divorce, below are the four top reasons to choose the collaborative process.
Keep it Respectful
Litigation, by its very nature, is adversarial and generally pits the two sides against each other. Collaborative law though, can take the emotions out of the process. Instead of the two sides attacking each other, the lawyers involved attack the problems instead, and always keep things respectful. This is especially helpful for parents as they work out child custody issues, as it can lead to more peaceful co-parenting post-divorce.
Keep it Confidential
Courtroom proceedings are a matter of public record and so, when a divorce goes through litigation, it too, is available to the public. Anyone can look the case up and see the decisions made. During a collaborative divorce, the discussions between the different parties are confidential, as is the final settlement. This is particularly beneficial for business owners, high-profile individuals, and professionals.
Keep the Emotions Out of It
Collaborative law often relies on the use of experts when making certain decisions. For example, a vocational expert may provide neutral advice on the earning capacity of a spouse that stayed home to raise the children. Or, a financial expert may advise on the estimated value of a business. All experts used during the collaborative process are neutral and only provide advice on specific topics. Listening to experts that only present facts can help keep the emotions out of the divorce process. That means it will also provide for a faster and more affordable divorce.
Keep it Creative
During litigation, family law judges have very specific rules and formulas they must follow. In only the most extreme circumstances can judges deviate from these strict guidelines. Collaborative law does not apply these strict guidelines and so, the two parties involved can agree to a number of arrangements not available in court. As long as the agreement does not violate public policy, a judge will still approve it.
Our Florida Family Lawyers can Advise on the Collaborative Process
If you are considering divorce and want to learn more about the collaborative process, our Tampa family lawyers at All Family Law Group, P.A. can help. Call us today at (813) 672-1900 or contact us online to schedule a free consultation with one of our knowledgeable attorneys to learn more.