Collaborative Divorce – The New Normal
The landscape of divorce is forever changed due to the recent pandemic. Access to the courts is far more restrictive, hearings are held by computer apps such as Zoom and GoToMeeting and the entire divorce process which often took less than 6 months can now take more than one year. Collaborative divorce is the most efficient process through which one can easily maneuver and obtain a swift divorce.
Collaborative law is a designed process in which couples commit to reaching divorce settlement outside of court with the support of legal and other professionals.
How It Works
The parties and their retained attorneys engage in a series of team meetings focused on resolution of all issues. The complexity of the case is irrelevant. Other professionals such as appraisers, accountants and Certified Divorce Financial Planners may attend meetings to assist in reaching an equitable agreement. Collaborative law works well for individuals with both limited and extraordinary means. All financial assets will be disclosed/discovered to allow for a comprehensive settlement.
Both parties enter in an agreement to settle the matter outside of court. This allows the process to proceed at its own pace, not directed by the court. If communication breaks down or one party is no longer willing to proceed with the collaborative system, he or she can opt out and take the matter to the court. Parties must get new attorney to represent them in the court case.
The Benefits Of A Collaborative Divorce
- Parties can avoid going to court. Access to Court has been greatly modified since early 2020. Going to court often means a lengthy wait for a court date. Collaboration allows the divorce to be done at a mutually agree upon time.
- Cost savings. Being able to control the timing of your divorce and to avoid sitting and waiting in a courtroom often results in a less expensive process.
- Controlled outcome. Both parties are part of the entire process and the resolution is entirely within their control. This will often result in couples ending the marriage on good terms.
- Foundation for success co-parenting. By working together outside of the court to resolve issues regarding custody, parenting time and support provides divorcing couples with a foundation for open dialogue and the ability to successfully co-parent their children.