Collaborative Divorce vs. Courtroom Divorce

If neither party can agree upon child custody, division of marital assets – the family law judge will follow the divorce guidelines of his or her State, which means both parties will have to give and take.
The divorce “pie” will be divided up between both parties.

But, when both parties are willing to work together and come to reasonable conclusions it’s a win win for them and the children.

Collaborative divorce is a positive alternative that prevents the parties from being exposed to the courtroom; it allows a couple to resolve the tough decisions together.  Both parties must be willing to follow the family laws of their State.

Collaborative divorce may be a much better option  ,because it will save them money, emotional trauma and alleviate the courtroom drama.  Both parties hire an attorney whose job is to act as referee and adviser while decisions are being made.

The attorneys will make sure everyone plays by the divorce laws in their state – in other words they not only look out for their client they insure that all decisions by both parties are legal.

One attorney can’t represent both parties – each party has their own attorney who is well versed in collaborative divorces. At times the attorneys will call on third party consultants to establish actual value of marital assets, financial experts or psychologists. The best interest off the children is a huge issue and the attorneys will serve as liaisons for the children trying to get the couple to work out child custody, who lives in the marital home etc…

The mail goal of the collaborate attorneys is to guide the couple on fair and reasonable solutions.  The attorney’s job is to make sure that decisions made are legal, fair and equitable for both parties. If at some time, the couples hit a snag and can’t agree on the main issues than the attorneys will step down.  Divorce is an extremely contentious subject and at times the couple hit a snag and refuse to collaborate. 

If this happens, divorce court is the next option on the horizon – remember the divorce judge will follow the same family laws that the collaborative attorneys did.  He or she will hand down the final decision based on the factual information given to them. 

Collaborative divorce is becoming popular saving both parties money and undue stress – many couples are finding this a great way to make the tough decisions without ending up in divorce court. 

As Always,    

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