When two married people want a fast divorce, they usually decide to start a collaborative process. The latter one calls for signing a contract, where all terms and expectations of both spouses are set and agreed on. As soon as spouses sign the document, they start negotiations to settle their issues amicably. While divorcing couples tailor their contracts to their particular needs and purposes, they all commit to the following:• Smooth things over outside court;• Keep the negotiations open and treat each other with respect;• Disclose only fair information and in full;• Keep all negotiations and shared information confidential;• Make no major changes to their assets;• Get new attorneys and start everything anew if they decide to prepare a divorce applications form and have their case solved in court;• Not use any disclosed info if they decide to go to court.
Collaborative divorce is a newish approach to settling issues that divorcees usually deal with when ending their marital relationships. Truth be told, this method combines features of both a traditional process and mediation. The main idea behind this approach is to resolve divorce-related issues in a non-adversarial manner and this is when each party has a lawyer on its side. By negotiating win-win solutions, parties work well to avoid litigation so that they can reduce, if not eliminate, damaging consequences of their break-up.
Brief Overview of the Process
To succeed, you and your “almost” ex should be willing to cooperate with each other and never refuse to compromise. So and in no other way, the divorce process can be effective. However, if it happens that either you or another party is not open for discussions, then it makes more sense to start preparing forms for divorce in court.
If you truly believe that you can go without court, start looking for a lawyer. But note that if you fail to settle your issues in this way and your case goes to trial, you will have to look for another legal counselor. Same deal with your soon-to-be ex-spouse.
Initially, you will have to discuss your goals with your lawyerprivately. For instance, if you want a specific amount of money to be paid in spousal support or child maintenance, then let your lawyer know about that before you make an appointment to meet another party and its attorney. As soon as your couple knows your goals, you can proceed to four-way negotiations, during which you will be discussing your issues. Along with your attorneys-at-law, other experts may join your meetings, too. These may include:• therapists;• financial experts;• and coaches.
Don’t hesitate to invite a mediator, especially if you and your spouse have trouble finding common ground. Reaching an understanding is half the battle, while a legal part of the process usually goes smoothly. Since you and your soon-to-be ex-partner have resolved your issues amicably, it means that you deal with an uncontested case that can be settledwithout a trial.
Advantages of Resolving Your Case Outside Court
Let find out why it is sometimes better to start a collaborative divorce instead of a traditional one. The strong points of this method are the following:• It allows divorcees to settle their issues without the need to go to court while still having a lawyer, who can always give them some solid advice, on their side. Depending on how easily you can smooth things over with your spouse, you may want someone to help you hold talks productively. In this case, your attorney-at-law may adopt the role of a negotiator.• If your couple resolves your matters in a collaborative way so that you can benefit from a DIY divorce kit without the need to go to court, you will spend less time and cash than if you would go in a more traditional way.• Since your couple shares the same goal and is on the square, your negotiations are more open. You two are more likely to act honestly and disclose only truthful information so that everything goes faster.• You and your “almost” ex can decide what works for both of you best. Rather than having your case going to trial where a judge will decide for you, you two can pull together to get the result that works for both of you best.• Most of all, resolving your issues in a collaborative way is less stressful than settling them in court. An adversarial, yet exhausting trial can have a long-lasting negative effect on all involved in the case. However, even if your marital life is ended, you and your ex may still have to be on good terms, especially if you have minor kids.
Greg Semmit has years of experience working with different types of legal documents and writing about Family Law for educational purposes. Currently, he is working at OnlineDivorcer company, where he writing blog articles about divorce and divorce cases. In his free time, he likes roaming the streets of New York with his Olympus taking photos of the best spots in the city.