An Amicable Path Forward: Collaborative Divorce

woman meeting with lawyer

Divorce can be an emotionally charged and contentious process, especially when there are high stakes involved. However, it is possible to divorce amicably.

What is Collaborative Divorce?

Collaborative divorce is a process whereby couples work together with their attorneys to reach a settlement outside the courtroom.

The collaborative process begins with both parties agreeing to four things:

  • They will not go to court,
  • They will share all relevant information openly and honestly,
  • They will work together collaboratively to reach a resolution, and
  • They will each hire their own attorney who is trained in the collaborative process.

Once these four things have been agreed upon, the couple and their attorneys will meet together to discuss the issues at hand and try to come to an agreement. If an agreement is reached, it will be put into writing and signed by both parties. If an agreement cannot be reached, then the couple must begin the traditional divorce process.

Benefits of Collaborative Divorce

There are many benefits to collaborative divorce, including but not limited to:

  • It is less expensive than traditional divorce because there are no court fees,
  • It is less stressful because couples are working together towards a common goal,
  • It is more private because everything stays out of the courtroom,
  • Decisions are made by the couple, not a judge, and
  • It can be less time-consuming because there are no court dates to schedule around.

High-asset couples or those with complex assets, such as a family business, might wish to pursue collaborative divorce due to its flexibility in creating agreements.

Is Collaborative Divorce Right for Me?

Collaborative divorce may not be right for everyone. If you have a history of domestic violence or abuse, if you cannot communicate effectively with your spouse, or if you do not believe that your spouse is being honest about all relevant information, then collaborative divorce may not be right for you. It is also important to note that not all attorneys are trained in the collaborative process, so you will need to find an attorney who specializes in this area if you wish to pursue this option.

Protection Without Destruction

Collaborative divorce is a great option for couples who wish to avoid the stress and expense of traditional litigation. At Harris, Hunt & Derr, P.A., our team is passionate about helping our clients create the divorce agreements best for them without destroying their current lines of communication with their spouse.

Schedule a consultation with a member of our team today to learn more about how we can help you pursue a collaborative divorce. Call our firm at (813) 223-5421 to get started.

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