Alternative to an Adversarial Divorce

When contemplating divorce, what are your alternatives?  Spouses can go the usual adversarial way and take their disagreements, anger and emotions to court.

They can sit down quietly and divide marital assets, agree on child custody and or alimony if applicable, which is a fairy tale divorce - no attorney fees, no filing fees and most of all both parties dissolve the relationship quietly without any interference from third parties.

If both parties want to avoid divorce court, high attorney fees they have an option that is becoming very popular in the USA. It's called collaborative divorce, meaning the couple sit down together working through problem areas until they reach a mutual agreement. There are many advantages to this type of negotiation, but can only work if both parties are prepared to put anger, emotions and the innate desire to pay back on the back burner.

This is definitely an "in charge" type of negotiation where your voice or opinion will be heard allowing both parties to arrive at a compromise on tough issues instead of suffering through divorce court and letting the judge make the final decisions.

Collaboration saves money, time and undue emotional stress because the ultimate goal is to agree upon a settlement without having to file divorce papers. If children are involved both parties will feel that they actually worked together to make life easier for their children. This is a big plus and a memory you can cherish the rest of your life.

The idea for collaborative divorce started in the 1990's by Stuart Webb (Attorney) - Stuart announced that he would no longer go to court for his clients seeking a divorce.  Instead he would encourage the couple to work together or collaborate.

It's important to realize Collaborative Divorce and divorce mediation are not the same - mediation is strictly where there is a neutral or third party that serves as mediator. Collaborative Divorce is when each party has an attorney (who serves as counsel) allowing the parties to work together under the careful guidance of legal counsel.

Although this may not be an agreeable option for either party - it might be wise to discuss it and for each party to have a free consultation with a collaborative attorney. It's sort of like "never say no," because it might be a perfect solution for you.

As Always,
Little Tboca

www.caseboss.com