If you’re wondering if collaborative divorce is possible, let us be the first to tell you it can be. Marriages end peacefully all the time and do not remotely come close to reaching a courtroom. But does that mean you can have just as much success?
You’ll need to ask yourself these four questions to know for sure.
First Things First — A Quick Refresher
Collaborative divorce is an alternative to litigation where divorcing spouses peacefully negotiate all the terms of their divorce (debt division, custody, spousal support, property division, etc.) in a neutral setting with their attorneys present. Each spouse must hire an attorney skilled in collaborative divorce who also wishes for a win-win scenario for all parties.
Each issue is dealt with and discussed one by one throughout one or several meetings. The attorneys will guide the process, and when a settlement has been reached, everything is put in writing and signed by both parties.
Benefits of a collaborative divorce include but are not limited to:
- Peaceful and controlled conversations
- All parties feel like they are in control
- Win-win for all parties vs. win-lose
- No courtrooms
- Faster agreements
- More privacy
- Less likelihood of post-divorce litigation
- More cost-efficient than litigation
- Less stress, anxiety, and frustration
- The ability to go your separate ways more quickly
4 Questions To Ask Yourself Before Choosing Collaborative Divorce
- Am I an ideal candidate? — Collaborative divorce may seem like a perfect alternative, but the reality is that negotiations can break down. It only works if all parties are committed to a peaceful resolution, so you and your soon-to-be ex must ask yourselves if you’re all in on the idea. If you’re not, then collaborative divorce may not be the best fit. Your mindset should always be that any detail can be worked out. If negotiations break down, settling your differences in court is the only solution.
- Does my lawyer have experience with collaborative divorce? — A pivotal piece to alternative dispute resolutions is having a legal professional in your corner with experience in guiding couples toward a mutual divorce. How many cases like these have they overseen? What were the outcomes? If your lawyer is only interested in litigation, you may want to consider a different lawyer.
- Am I OK with making decisions without court intervention? — While you and your spouse may be open to compromise on most issues, other matters can arise during the collaborative divorce process that may not be as easy to settle amicably. This is especially true if children are involved. The good news is that collaborative divorce is designed to help you and your spouse craft agreements that address your unique needs. But you still have to be open to putting in some work and dedication.
- What do my instincts tell me? — At the end of the day, you must go with what your gut tells you. If you’ve found the right lawyer, and your spouse is open to resolving things out of court, then collaborative divorce may be a no-brainer decision. If you still have questions or are concerned in any way, you’ll want to resolve these hangups before proceeding.
Please call Christman | Daniell Attorneys for your legal needs today!
Looking for family law services in Collin County, Texas? Christman | Daniell is your premier choice. With years of experience and a deep understanding of the legal landscape, our skilled team is dedicated to helping families navigate complex legal matters. Whether it’s divorce, child custody, or adoption, trust Christman | Daniell to provide compassionate and effective representation for all your family law needs throughout Collin County.
Please consult an attorney for advice about your individual situation. The material on this website and in this or any blog article we publish are for informational purposes only and do not constitute legal advice. The attorneys at Christman | Daniell Attorneys believe in tailoring legal advice and solutions to your own personal circumstances.
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